Legal Opinion

Driggs' Bank v. Norwood

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 3 opinions

APPEAL from Nevada Circuit Court. L. A. Byrne, Judge. Courts will not enjoin the sale of personal property, (29 Ark., 340; 35 id., 184; 33 id., 633; 14 id., 399; 20 id., 610;) although it may be exempt,, (36 Ark., 48). Appellee had an adequate remedy at law. Mansf. Dig., sec. 7012. The only remedy afforded a judgment debtor to prevent a sale of his property on execution is found in sections 3006 to jo 13 of Mansfield’s Digest.

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APPEAL from Nevada Circuit Court. L. A. Byrne, Judge. Courts will not enjoin the sale of personal property, (29 Ark., 340; 35 id., 184; 33 id., 633; 14 id., 399; 20 id., 610;) although it may be exempt,, (36 Ark., 48). Appellee had an adequate remedy at law. Mansf. Dig., sec. 7012. The only remedy afforded a judgment debtor to prevent a sale of his property on execution is found in sections 3006 to jo 13 of Mansfield’s Digest. Appellee was deprived of this remedy by circumstances which were beyond his control. He was then without remedy. He could not replevy. 'Mansf. Dig., sec. 5332. An…

1Opinion of the CourtSmith, J.

Driggs & Co.’s bank recovered a judgment against Norwood in the Circuit Court and caused an execution to be levied on a carriage and harness. The levy was made February 7, 1884, and the sale was advertised for the 18th of the same month. The property was seized at the county seat; and Norwood, living at the distance of eighteen miles, was not apprised of such seizure until it was too late to give the five days’ notice of filing his schedule and claim of exemptions, contemplated by section 3006 of Mansfield’s Digest. He thereupon rushed into equity to enjoin the sale. His bill set forth the…

2Cases cited2 opinions

  1. Baxter v. . BaxterSupreme Court of North Carolina · 1877
  2. Nichols v. ClaiborneTexas Supreme Court · 1873

3Cited by3 opinions

  1. Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
  2. Dale v. BlandSupreme Court of Arkansas · 1910
  3. Andrews v. BriggsSupreme Court of Arkansas · 1942

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