Churchill v. Hill
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. The court erred in refusing to suppress the affidavit of Joblin. Mansf. Dig. sec. 2916. 2. The first ground of attachment in the amended affidavit for attachment, i. e., removal of property from the State, not leaving enough therein to pay their creditors, is not sustained by the evidence. The only removal was cotton shipped to appellees to pay their debt. 8 So.
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Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. The court erred in refusing to suppress the affidavit of Joblin. Mansf. Dig. sec. 2916. 2. The first ground of attachment in the amended affidavit for attachment, i. e., removal of property from the State, not leaving enough therein to pay their creditors, is not sustained by the evidence. The only removal was cotton shipped to appellees to pay their debt. 8 So. Rep. 674. 3. The provision in the assignment for a sale of the choses in action did not invalidate the assignment. Mansf. Dig. secs. 307-8-9; 37 Ark. 150; 39 id. 66; 53 id.…
1Opinion of the CourtBattle, J.
Hill, Fontaine & Co. brought this action against Churchill Bros., in the Independence circuit court, to recover $4,452.29, and at the same time filed an affidavit to the effect that the defendants had sold, conveyed or otherwise disposed of their property with the fraudulent intent. to cheat, hinder or delay their creditors, which was signed and sworn to by A. H. Joblin, as their agent. A bond was also filed, and an order of attachment was issued, and the property of the defendants was levied on by the sheriff in obedience to the same.
The defendants filed in the circuit court a motion to…
2Cases cited10 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Davis v. StateCourt of Appeals of Maryland · 1854
- Shields v. BennettWest Virginia Supreme Court · 1874
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Gilkerson-Sloss Commission Co. v. LondonSupreme Court of Arkansas · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PaulSupreme Court of Arkansas · 1897
- State v. EstesOregon Supreme Court · 1898
- Porter v. WatermanSupreme Court of Arkansas · 1906
- Warnock Insurance Agency v. Peterson Real Estate Investment Co.Utah Supreme Court · 1909
- Pace v. J. S. Merrill Drug Co.Court Of Appeals Of Indian Territory · 1899
7 more not listed; retrieve them via the Exa API.