Thorn & Robins v. Woodruff
Supreme Court of Arkansas
This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Cben-denin, one of the circuit judges.
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This was a proceeding by garnishment, determined in the Pulaski Circuit Court, in September, 1842, before the Hon. John J. Cben-denin, one of the circuit judges. Thorn & Robins sued out a writ, reciting that, whereas, they, in the Circuit Court of Pulaski county, on a given day, obtained a judgment against Edward Cole, for a certain debt, damages, and costs, which still remained unsatisfied; and that, whereas, it was alleged, by said plaintiffs, that they have reason to believe that William E. Woodruff and Samuel M. Rutherford, as executors of George H. Burnett, deceased, have, in their hands…
1Opinion of the Court
By the Court,
Paschal, J.
The record is very defective and inconsistent. The writ is against both of the parties, “ as executors.” The allegations and interrogatories are against Woodruff in his own right, and against Rutherford “ as executor of Burnett.” Woodruff answers, in response to the allegations, and Rutherford moves to quash the writ, because of the inconsistent joinder, and because an executor is not liable to answer. The parties, by joining in error, admit the correctness of the record; and this Court are at some loss upon what state of facts to adjudicate.
Although a garnishment is…
2Cases cited3 opinions
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- In re HurdNew York Supreme Court · 1833
- Inhabitants of Walpole v. Inhabitants of West CambridgeMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- Brewer v. HuttonWest Virginia Supreme Court · 1898
- Quarles & Thompson v. PorterSupreme Court of Missouri · 1848
- Galion Iron Works & Manufacturing Co. v. RussellDistrict Court, W.D. Arkansas · 1958
- Norton v. ClarkNevada Supreme Court · 1884
- Gill v. MiddletonSupreme Court of Arkansas · 1895
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