Legal Opinion

Little Rock Traction & Electric Co. v. Wilson

Supreme Court of Arkansas

Decided October 7, 1899PublishedCited by 4 opinions

Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The statutes authorizing and regulating garnishments must be strictly construed. 5 Ark. 135; Rood, Garnishment, §§ 3, 5 and 6. The allegations and interrogatories provided for by the statute are jurisdictional, they being the means by which jurisdiction of the subject-matter is obtained.

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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The statutes authorizing and regulating garnishments must be strictly construed. 5 Ark. 135; Rood, Garnishment, §§ 3, 5 and 6. The allegations and interrogatories provided for by the statute are jurisdictional, they being the means by which jurisdiction of the subject-matter is obtained. Hempst, 662; 16 Ore. 329; S. C. id. 539; 23 Ore. 206; 18 Ark. 593. The decrees of court, even of general jurisdiction, rendered without pleadings, are void. 93 U. S. 283; 56 Ark. 422; 55 Ark. 205. Since default by the garnishee must be in failing to…

1Opinion of the CourtBattle, J.

Appellant filed a petition in the Pulaski circuit court, which, omitting the caption, is in the words and figures following:

“Petitioner, a corporation organized and existing, under the laws of this state, represents to the court that, on the 21st day of June, 1897, the defendant, J. B. Dickinson, recovered a judgment before the defendant, T. W. Wilson, ¡justice of the peace for Big Rock township, in said county, against Taylor Kincade for $13.75. On the 6th day of July, 1897, said Dickinson sued out a writ of garnishment before said Wilson, as justice of the peace, directed to the petitioner…

2Cases cited4 opinions

  1. St. L., I. M. & S. Ry. Co. v. RichterSupreme Court of Arkansas · 1886
  2. Martin v. ForemanSupreme Court of Arkansas · 1856
  3. Probst & Hilb v. ScottSupreme Court of Arkansas · 1877
  4. Adams v. Penzell & Co.Supreme Court of Arkansas · 1883

3Cited by4 opinions

  1. Tiger v. Rogers Cotton Cleaner & Gin Co.Supreme Court of Arkansas · 1910
  2. Morgan v. HessSupreme Court of Arkansas · 1946
  3. McGowan v. FreeberrySupreme Court of Arkansas · 1918
  4. Lerner v. LutesSupreme Court of Arkansas · 1932

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