Lamb v. Belden
Supreme Court of Arkansas
jError to tho Circuit Court of Arkansas County. lion. Tiieodoexo F. Soeeells, Circuit Judge. Plea alleging death of wife after suit, was a good bar to the action as to the husband.
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jError to tho Circuit Court of Arkansas County. lion. Tiieodoexo F. Soeeells, Circuit Judge. Plea alleging death of wife after suit, was a good bar to the action as to the husband. IS Wend. 300/ 2 Kent 143/ 1 Sch. d¡ lef. 263/ 3 P. Wms. 409/ 2 Pop. on II. dc W. 73, 74/ McQueen's II. dc W. 193/ 5 Parr 359. Did the cause of action survive against defendant after the death of his wife, by virtue of the lien created by the still subsisting levy of the attachment, as against the property levied on thereunder ? We maintain that the levying of an attachment upon personal property, constituted such a…
1Opinion of the CourtJustice Scott
This action was commenced by attachment. The declaration shows a promissory note executed by Lamb’s wife, when a feme sole, and her subsequent intermarriage with Lamb. The attachment was levied in April, 1854, upon goods, wares and merchandise, which were taken into the custody of the sheriff. At the October term, 1854, of the Arkansas Circuit Court, in which this cause was then pending, Lamb pleaded that since the institution of this suit, to wit: on the 1st day of October, 1854, his then late wife aforesaid departed this life, whereby he became exonerated from liability on the demand in the…
2Cases cited1 opinion
- Morrow v. Whitesides'Court of Appeals of Kentucky · 1850