Garrett v. Big Bend Plantation Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT OF FACTS. R. B. Garrett, receiver of the First National Bank of Judsonia, 'brought suit by attachment against the Big Bend Plantation Company, a corporation duly organized under the laws of the State of Arkansas, and as grounds for the attachment alleged that said corporation was disposing* of its property with the intention of delaying and hindering the plaintiff in the collection of his debt.
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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT OF FACTS. R. B. Garrett, receiver of the First National Bank of Judsonia, 'brought suit by attachment against the Big Bend Plantation Company, a corporation duly organized under the laws of the State of Arkansas, and as grounds for the attachment alleged that said corporation was disposing* of its property with the intention of delaying and hindering the plaintiff in the collection of his debt. A writ of garnishment was issued against the Bald Knob State Bank, alleging that it had in its possession money belonging to the said…
1Opinion of the Court
Hart, J.,
(after stating the facts).
Sec. 67f of the Bankrupt Act of 1898 provides:
“That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall'be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on…
2Cases cited2 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Clarke v. LarremoreSupreme Court of the United States · 1902
3Cited by3 opinions
- Lester v. ThomasSupreme Court of Arkansas · 1927
- Hutchison v. First National BankSupreme Court of Arkansas · 1922
- Marietta State Bank v. GallowayTexas Commission of Appeals · 1925