Euclid Avenue National Bank v. Judkins
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. The complaint in this case is as follows: “Plaintiff states that it is a corporation, duly organized under and by virtue of the laws of the state of'Ohio; that as such corporation it obtained a judgment against the defendant, J. B. Judkins, the White Sewing Machine Company, and H. R. King, in the Pulaski circuit court on the 16th day of June, 1890, for the sum of $1,719.54, as will appear…
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Appeal from Lawrence Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. The complaint in this case is as follows: “Plaintiff states that it is a corporation, duly organized under and by virtue of the laws of the state of'Ohio; that as such corporation it obtained a judgment against the defendant, J. B. Judkins, the White Sewing Machine Company, and H. R. King, in the Pulaski circuit court on the 16th day of June, 1890, for the sum of $1,719.54, as will appear by reference to a copy of said judgment herewith filed, marked exhibit “A,” and made a part hereof, (a transcript of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Prior to the passage of the act of March 31, 1887 (Sand. & H. Dig. § 3134), the rule obtained requiring the plaintiff, in a proceeding in equity to set aside a fraudulent conveyance as to creditors, to reduce his claim to judgment at law, and have execution issued, and a return of nulla bona, as prerequisites to the relief sought. This was necessary in order to show that the plaintiff did not have a complete remedy at law. It - was the method prescribed for showing the insolvency of the debtor, and that the creditor could not collect his debt at law.…
2Cases cited1 opinion
- Davis v. Arkansas Fire InsuranceSupreme Court of Arkansas · 1897
3Cited by11 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Horstmann v. LaFargueSupreme Court of Arkansas · 1919
- Indian Land & Trust Co. v. OwenSupreme Court of Oklahoma · 1916
- Fletcher v. Bank of LonokeSupreme Court of Arkansas · 1902
- Achorn v. ParkerSupreme Court of Kansas · 1937
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