Samstag v. Orr
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonso Curl, Chancellor, STATEMENT BY THE COURT. Appellant held a judgment against one J. C. Wyatt, upon which there was a balance of more than $1,000 due, and upon which he sued out a writ of garnishment against Jeff Freeman in his own right and as agent for the heirs of John W. Freeman.
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Appeal from Garland Chancery Court; Alphonso Curl, Chancellor, STATEMENT BY THE COURT. Appellant held a judgment against one J. C. Wyatt, upon which there was a balance of more than $1,000 due, and upon which he sued out a writ of garnishment against Jeff Freeman in his own right and as agent for the heirs of John W. Freeman. Freeman, the garnishee, answered, stating that he was occupying a store room in the Navarre Hotel building as tenant of the said Wyatt, under a lease expiring December 31, 1910, at a rental of $225.00 payable monthly, as successor to Freeman Bros. That they paid said…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The question to be decided is, did the court err in holding that the fund sought to be garnished was not subject to garnishment?
The writ of garnishment was sued out on July 18, 1910, but on April 22, prior thereto, the order by J. C. Wyatt, lessee of the Navarre Hotel from appellee, through his agent, the Arkansas Trust Company, of which Dave Burgauer, the payee in the order, was cashier, was made, presented to and accepted by Freeman, representative of Freeman Bros., subtenants of Wyatt, and garnishees herein. The rent was paid thereafter as directed in…
2Cases cited2 opinions
- Christmas v. RussellSupreme Court of the United States · 1872
- Hartley v. TapleyMassachusetts Supreme Judicial Court · 1854
3Cited by4 opinions
- Hudson v. CookCourt of Appeals of Arkansas · 2003
- Springer v. J. R. Clark Co.Court of Appeals for the Eighth Circuit · 1943
- Gibson v. Ark. Southern Production Co.Supreme Court of Arkansas · 1959
- Bingham v. Williamson & SonsSupreme Court of Arkansas · 1931