Swofford Bros. Dry Goods Co. v. Smith-McCord Dry Goods Co.
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. Wm. M. Springer, Judge. Action by Smith-McCord Dry Goods Company against S. M. Perry and others. Attachment. Swofford Bros. Dry Goods Co., interpleader. Judgment for plaintiff. Inter-pleader appeals.
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Appeal from the United States Court for the Northern District. Wm. M. Springer, Judge. Action by Smith-McCord Dry Goods Company against S. M. Perry and others. Attachment. Swofford Bros. Dry Goods Co., interpleader. Judgment for plaintiff. Inter-pleader appeals. The Smith-McCord Dry-Goods Company, appellees, instituted this action in the United States Court for the Indian Territory, First judicial division (now the Northern district of said court), against S. M. Perry, J. H. Langley, Lafayette Langley, and E. C. Langley, alleged co-partners in trade, doing business under the name of S. M.…
1Opinion of the CourtLewis, J.
(after stating the facts.) 1. It ih urged by appellants (interpleaders below) that the verdict for the appellees is not supported by proof of the issuance and levy of the writ of attachment, such papers not having been offered in evidence. It may be doubted if this objection, if the record sustained it, could inure to the interpleaders’ benefit in this action. They prosecute their claim under section 390, Mansf. Dig. Ark., which enacts: “When a.sheriff shall levy a writ of attachment upon property claimed by a person not a party to the suit, such person may make oath to the property, and the…
2Cases cited12 opinions
- Railway Co. v. HeckSupreme Court of the United States · 1880
- Shelley v. BootheSupreme Court of Missouri · 1880
- Hanna v. MaasSupreme Court of the United States · 1887
- Newport News & Mississippi Valley Co. v. PaceSupreme Court of the United States · 1895
- Haas v. KrausTexas Supreme Court · 1894
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3Cited by1 opinion
- Ward v. WigginsSupreme Court of Oklahoma · 1918