Harry v. Williams
Supreme Court of Arkansas
Appeal from .Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. One holding a judgment against -a debtor cannot have it set off against -a judgment in his favor where such debtor shows that all his personalty, including such judgment is less than the -amount allowed 'him by law as exempt. 7 N. D. 455; 66 Am.
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Appeal from .Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. One holding a judgment against -a debtor cannot have it set off against -a judgment in his favor where such debtor shows that all his personalty, including such judgment is less than the -amount allowed 'him by law as exempt. 7 N. D. 455; 66 Am. St. 670; Kirby’s Digest, § 6238; 68 Ark. 497; 47 Id. 464; 63 Id. 83. Exemption laiws are liberally construed; they are made to benefit the poor, and the power of the courts to -offset one judgment against another can not be used to abrogate this- rule where an offset…
1Opinion of the CourtMcCulloch, C. J.
This controversy arose in the circuit court of Sebastian County, Fort Smith District, by motion of appellee filed in that court to set off, pro tanto, a judgment in his favor, for the recovery of money, against a judgment for a larger amount in favor of appellant. Both judgments were rendered in that court, and on hearing the motion the court allowed the set-off as prayed for in appellee’s motion. When the motion came on to be heard, appellant filed a schedule of his exemptions, claiming as. exempt from seizure under process the judgment .against appellee. In the judgment entry, the court…
2Cases cited4 opinions
- Douglass v. FlynnSupreme Court of Arkansas · 1884
- Hare v. ShawSupreme Court of Arkansas · 1907
- Atkinson & Co. v. PittmanSupreme Court of Arkansas · 1886
- School District No. 14 v. School District No. 4Supreme Court of Arkansas · 1897