DeLoach Mill Manufacturing Co. v. Little Rock Mill & Elevator Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The Little Rock Mill & Elevator Company brought an action upon an account for $1,540.60 against the Texarkana Grain, Lumber & Machinery Company, on April 29, 1893, and sued out a writ of attachment, which was levied upon the saw mill and one corn mill belonging to the appellants, and upon other property of the defendants in the attachment.
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Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The Little Rock Mill & Elevator Company brought an action upon an account for $1,540.60 against the Texarkana Grain, Lumber & Machinery Company, on April 29, 1893, and sued out a writ of attachment, which was levied upon the saw mill and one corn mill belonging to the appellants, and upon other property of the defendants in the attachment. All the property was sold by the sheriff under an order of sale made by the judge in vacation of court, and at said sale the said mills were purchased by the plaintiff below…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The question of estoppel was the only question considered and decided by the circuit court between the interpleader and the original plaintiff. The interpleader’s title seems to have been admitted. It was not disputed. There was .no answer denying it. Was the interpleader estopped? The interpleader was not a party to the original suit.
Speaking of an interplea, in Berlin v. Cantrell, 33 Ark. 611, Chief Justice English said, in substance, that.it wás in the nature of a cross action for the property claimed, and was the interpleader’s suit, in which, in…
2Cases cited6 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Hughes v. United StatesSupreme Court of the United States · 1866
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Rosewater v. Schwab Clothing Co.Supreme Court of Arkansas · 1894
- Berlin v. CantrellSupreme Court of Arkansas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Superior Oil Co. v. EtheridgeSupreme Court of Arkansas · 1951
- Fields v. JarnaginSupreme Court of Arkansas · 1947
- Hermance v. BraunWisconsin Supreme Court · 1939
- McEuen v. WakenightSupreme Court of Arkansas · 1930