Garrett Bros. v. Wade
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. Five days' notice was not given as required by sec. 3006, Mansf. Dig. Nor was the notice waived by appellants. The exemption can be claimed at any time before sale ; but when it is claimed, the statute must be followed. 28 Ark., 485 ; 40 ib., 352 ; 33 ib., 464; 42 ib., 410. The statute is peremptory, and the notice must be given before the exemption can be claimed.
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APPEAL from Johnson Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. Five days' notice was not given as required by sec. 3006, Mansf. Dig. Nor was the notice waived by appellants. The exemption can be claimed at any time before sale ; but when it is claimed, the statute must be followed. 28 Ark., 485 ; 40 ib., 352 ; 33 ib., 464; 42 ib., 410. The statute is peremptory, and the notice must be given before the exemption can be claimed. Exemption laws are liberally construed, and apply to all cases within the spirit of the act. 28 Vt., 6741 36 ib., 271; 45 Miss., 182; 18 Tex., 416; 24 Ark.,…
1Opinion of the Court
Cockrill, O. J.
The appellants were the judgment creditors of the appellee, and caused a writ of garnishment to be served on one of her debtors for the purpose of subjecting the debt due her to the payment of their judgment. On the return day of the writ the appellee appeared, and upon leave granted filed an answer in the garnishment proceeding, claiming the debt as exempt from, seizure, and filed with her answer a schedule of her property. The appellants demurred to the answer, and the demurrer being overruled, they declined to take further action in the matter; the justice sustained the…
2Cases cited2 opinions
- State ex rel. Stallings v. ReadIndiana Supreme Court · 1884
- Shepherd v. . MurrillSupreme Court of North Carolina · 1884