Frellson v. Green
Supreme Court of Arkansas
Error to Phillips Circuit Court. ¡APIon. Charles W. Adams Circuit Judge. Does the death of a defendant, after levying an attachment and before judgment, ipso facto, dissolve the attachment? We think not. Digest, chap. 17, secs. 9, 15, 31, 47, 51; BurveE vs. Robinson, 5 Gilman 582; McRea et al. vs. McLean, 3 Porter 153; 10 Peters 405; 3 Munf. 417; Pond vs. Griffith, 1 Ala. 683. It is analogous to lien of execution, in which case, levy before death of defendant; sale valid.
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Error to Phillips Circuit Court. ¡APIon. Charles W. Adams Circuit Judge. Does the death of a defendant, after levying an attachment and before judgment, ipso facto, dissolve the attachment? We think not. Digest, chap. 17, secs. 9, 15, 31, 47, 51; BurveE vs. Robinson, 5 Gilman 582; McRea et al. vs. McLean, 3 Porter 153; 10 Peters 405; 3 Munf. 417; Pond vs. Griffith, 1 Ala. 683. It is analogous to lien of execution, in which case, levy before death of defendant; sale valid. Etter vs. State Bank, 15 Ark. 272; or like case of bankruptcy, ■ 10 Metcf. 320; 1 McLean 95; 1 Day 136, 117. An attachment…
1Opinion of the CourtChief Justice English
Henry Frellson brought an action of assumpsit, by attachment, in the Phillips Circuit Court, against Edmond W. Jones.
Upon an affidavit, stating the amount of the plaintiff’s demand, and that the defendant was about to remove from the State, an attachment was issued against his lands and tenements, goods, chattels, etc., with a clause of summons. The sheriff returned upon the writ that he had attached several several tracts of land, etc., and served the process upon defendant personally. The defendant appeared and filed several pleas in bar, to which the plaintiff took issue. Afterwards, the…
2Cases cited1 opinion
- Payne v. DanleySupreme Court of Arkansas · 1857
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