Bloom v. McGehee
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. STATEMENT. In February, 1878, Mrs. McGehee sued Thompson before a justice of the peace, in Jefferson county, for rent for the year 1877, and had a landlord’s attachment issued and levied upon eight bales of cotton produced by him on the rented premises. Bloom claimed the cotton, and upon delivering to the constable the affidavit and bond to interplead, required by the Statute, was permitted to retain it.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. STATEMENT. In February, 1878, Mrs. McGehee sued Thompson before a justice of the peace, in Jefferson county, for rent for the year 1877, and had a landlord’s attachment issued and levied upon eight bales of cotton produced by him on the rented premises. Bloom claimed the cotton, and upon delivering to the constable the affidavit and bond to interplead, required by the Statute, was permitted to retain it. In due time he filed his interplea, and Thompson filed a general denial of the allegations in the affidavit for…
1Opinion of the Court
OPINION.
Harrison, J.
As the justice, upon the trial of the inter-plea, found in favor of the claimant, and that the property -was not subject to the attachment, as a matter of course he •could not order a sale of it, or condemn it for the satisfaction of the judgment rendered by him against the defend-ant.
In Hershey v. The Clarksville Institute, 15 Ark., 128, a case in all respects similar to the present, Chief Justice Watkins said : “According to what seems to be the proper-construction of the Statute concerning attachments, the claimant, other than the defendant, of personal property,,…
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- Hillsburg v. HarrisonColorado Court of Appeals · 1892
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