American National Bank v. Douglas
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. The United Mine Workers of America, District 21, is a voluntary unincorporated association, composed of many members. The appellees were members of that organization and appellee Douglas was its secretary and treasurer. We will hereafter, for convenience, designate the organization as the district.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT BY THE COURT. The United Mine Workers of America, District 21, is a voluntary unincorporated association, composed of many members. The appellees were members of that organization and appellee Douglas was its secretary and treasurer. We will hereafter, for convenience, designate the organization as the district. On September 1, 1914, the district had on deposit with the American National Bank, of Fort Smith, Arkansas, which, for convenience, we will hereafter designate “Bank,” the sum of $8,557.37. These…
1Opinion of the Court
Wood, J.,
(after stating the facts). In Lewis v. Faul, 29 Ark. 407 this court, speaking of the remedy by attachment and garnishment, said: “It is at best an extraordinary and harsh remedy, in derogation of the common law, depending upon positive legislation for its existence, and he who invokes it must follow the law at least in substance.”
And in Giles v. Hicks, 45 Ark. 271, 276, we said: “Garnishment is a purely statutory proceeding which can not be pushed beyond the authority of the statute.”
Our attention has not been directed to any statute, and we know of none, that authorizes the…
2Cases cited4 opinions
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Sherrod v. DavisSupreme Court of Alabama · 1850
- Giles v. HicksSupreme Court of Arkansas · 1885
- Chambers v. SallieSupreme Court of Arkansas · 1874
3Cited by5 opinions
- Griffin v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1957
- Hot Springs Concrete Co. v. RosamondSupreme Court of Arkansas · 1929
- Mandel v. LoftonDistrict of Columbia Court of Appeals · 1952
- McDonald v. CaseSupreme Court of Arkansas · 1937
- Sequoyah Feed & Supply Co. v. First National BankSupreme Court of Arkansas · 1954