Uptmoor v. Young
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Eort Smith District. Edgar E. Bryant, Judge. 1. A junior attaching creditor may intervene in the senior attachment suit and contest the validity of the attachment and its priority. Mansf.
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Appeal from Sebastian Circuit Court in Chancery, Eort Smith District. Edgar E. Bryant, Judge. 1. A junior attaching creditor may intervene in the senior attachment suit and contest the validity of the attachment and its priority. Mansf. Dig. sec. 358 ; 47 Ark. 31; 53 id. 140. 2. The- court had no jurisdiction unless each separate cause of action exceeds $100, exclusive of interest. 1 Ark. 252 ; 3 id. 494; 5 id. 34; 9 id. 463; 18 id. 249 ; 24 id. 177; 35 id. 287 ; Const. 1874, art. 7, secs. 11 and 40. 3. The court could not gain jurisdiction by a transfer to the equity docket. Mansf. Dig.…
1Opinion of the Court
BaTTUE, j.
D. J. Young brought a suit in the Sebastian circuit court against Ryan & Morris upon five notes, which were executed to the American National Bank by the plaintiff, defendants, and B. S. Bowman, two being for $100 each, and the others for $50 each. None of them were due at the commencement of the action; and Young was surety on all of them. He asked that the defendant be required to indemnify him against loss or damag-e by reason of his suretyship, and sued out an order of attachment in the manner prescribed by law in cases in which the debt sued on is not due at the commencement of…
2Cases cited6 opinions
- Campbell v. MacombNew York Court of Chancery · 1820
- Berry v. LintonSupreme Court of Arkansas · 1838
- Martin v. ForemanSupreme Court of Arkansas · 1856
- Mannington v. YoungSupreme Court of Arkansas · 1880
- Fenter v. AndrewsSupreme Court of Arkansas · 1843
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