Legal Opinion

Lehman v. Lowman

Supreme Court of Arkansas

Decided November 15, 1887PublishedCited by 2 opinions

APPEAL from Desha circuit court. Jno. A. Williams, Judge. Sannoner v. Jaeobson, 47. Ark, 31, is decisive of this case. The record does not show that summons was issued or attachment bond filed, and 47 Ark, 31 does not go so far as to hold summons and attachment bond not necessary. The affidavit was made by attorney, upon belief only.

1Opinion of the CourtCockrill, C. J.

Lehman & Sons caused their affidavit and bond for attachment against Lowman & Bro. to be filed in the office of the clerk of the Desha circuit court.

The order of attachment and summons for the defendants issued and were executed. No separate complaint was filed before the summons and order of attachment issued. The defendants appeared and filed a motion to quash the attachment proceeding because there -was no suit pending when the order issued, and upon other grounds that are not insisted upon here.

Before the, motion wqs beard, the plaintiffs filed a. separate complaint. The defendants’…

2Cited by2 opinions

  1. Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
  2. Davis v. H. B. Claflin Co.Supreme Court of Arkansas · 1896

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