Johnson v. Foster
Supreme Court of Arkansas
Appeal from Boone Circuit Court. E. G. Mitchell, Judge, STATEMENT BY THE COURT. Appellants filed in the Boone circuit court their complaint against appellee James A. Foster, defendant below, to recover $260 for breach of contract, and at the same time filed affidavit, bond, and. interrogatories for garnishment against appellee 0. L. Scott, and caused a writ of garnishment to be issued and personally served upon him.
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Appeal from Boone Circuit Court. E. G. Mitchell, Judge, STATEMENT BY THE COURT. Appellants filed in the Boone circuit court their complaint against appellee James A. Foster, defendant below, to recover $260 for breach of contract, and at the same time filed affidavit, bond, and. interrogatories for garnishment against appellee 0. L. Scott, and caused a writ of garnishment to be issued and personally served upon him. The defendant, Foster, was duly summoned by warning order, and an attorney was appointed to represent him. At the January term,'1900, the trial court of its own motion, and-over…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred.
Appellants had met every requirement of jurisdiction under the act of April 19, 1895. Service of the writ creates a lien in favor of the plaintiff upon the money due from the garnishee to the defendant. Little Rock Traction & Electric Co. v. Wilson, 66 Ark. 586. The proceeding is analogous to that of. the attachment of property of a nonresident defendant. Here the res, so to speak, is the money due from the garnishee to the defendant. Service of the writ seizes that in the hands of the garnishee, and holds it subject to the payment of the…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Berry Bros. v. Nelson Davis & Co.Texas Supreme Court · 1890
- King v. CrossSupreme Court of the United States · 1899
3Cited by7 opinions
- Marx v. HartSupreme Court of Missouri · 1902
- Missouri Pacific R.R. Co. v. McLendonSupreme Court of Arkansas · 1932
- St. Louis Southwestern Railway Co. v. VanderbergSupreme Court of Arkansas · 1909
- London Lancashire Ins. Co., Ltd. v. PayneSupreme Court of Arkansas · 1929
- Booth v. McCordSupreme Court of Arkansas · 1970
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