Smith v. Spinnenweber
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. W. Meeks, Judge; 1. A judgment against the partnership in favor of the appellees is a prerequisite to a valid judgment against the garnishee. 62 Ark. 616; 70 Ark. 127. A writ of garnishment must have a judgment to support it. 31 Ark. 652. 2. The court erred in refusing to charge the jury that before they would be authorized to find,for the plaintiffs, they must find from the evidence that Ellis on or subsequent to, the 9th day of…
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Appeal from Randolph Circuit Court; J. W. Meeks, Judge; 1. A judgment against the partnership in favor of the appellees is a prerequisite to a valid judgment against the garnishee. 62 Ark. 616; 70 Ark. 127. A writ of garnishment must have a judgment to support it. 31 Ark. 652. 2. The court erred in refusing to charge the jury that before they would be authorized to find,for the plaintiffs, they must find from the evidence that Ellis on or subsequent to, the 9th day of December, 1912, was indebted to W. A. Smith & Bro. in some amount, or had in his possession a promissory note belonging to W.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the circuit court of Randolph. County by the plaintiffs, Spinnenweber & Peters, against the defendants, W. A. Smith and J. B. Smith, as copartners under the firm name of W. A. Smith & Bro., to recover the sum of $150 alleged to be due on account for rent of a farm and the price of timber sold. A garnishment was sued out at the commencement of the action against E. -N. Ellis and A. H. Fredricks as garnishees and interrogatories were filed against them, to which they made response. One of the defendants, J. B. Smith, was served with process, and the action…
2Cases cited2 opinions
- Boyd v. ArnoldSupreme Court of Arkansas · 1912
- Norman v. PooleSupreme Court of Arkansas · 1902
3Cited by6 opinions
- Missouri Pacific R.R. Co. v. McLendonSupreme Court of Arkansas · 1932
- Bank of Eudora v. RossSupreme Court of Arkansas · 1925
- Dermott v. StinsonSupreme Court of Arkansas · 1920
- Smith v. Bank of HigdenSupreme Court of Arkansas · 1914
- New York Life Insurance Co. v. CherrySupreme Court of Arkansas · 1932
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