Legal Opinion

Hancock v. Gibson

Supreme Court of Arkansas

Decided March 26, 1904PublishedCited by 2 opinions

Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. The court acquired jurisdiction of the garnishee by service had in a county other than that of his residence.

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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. The court acquired jurisdiction of the garnishee by service had in a county other than that of his residence. Sand. & H. Dig. § 5696. A garnishee is a defendant, within the meaning of the aforesaid section." 66 Ark. 582; 70 Ark. 127. The garnishment is in the nature of an attachment against the property of the defendant, and, treated as an attachment, Sand. & H. Dig. § 332, authorizing service in any county where the person holding the property is found, applies. 69 Ark. 617; 66 Ark. 582; 12 So. 711; Rood, Garn. § 237; Works, Courts…

1Opinion of the CourtBattle, J.

F. N. Hancock commenced an action against B. Gibson in the Sebastian circuit court for the Fort Smith district upon a, promissory note executed by the defendant. Plaintiff alleged in his complaint that he had reason to believe that the American National Bank, of Fort Smith, Arkansas, had in its hands moneys, credits, property and effects belonging to the defendant. And he asked for judgment against, the defendant for the amount of the note and interest, and that a writ of garnishment be issued for the American National Bank, requiring it to answer what moneys, credits, property or effects it…

2Cases cited2 opinions

  1. Bergman v. Sells & Co.Supreme Court of Arkansas · 1882
  2. Johnson v. FosterSupreme Court of Arkansas · 1901

3Cited by2 opinions

  1. Schofield v. RankinSupreme Court of Arkansas · 1908
  2. Mahan v. ParksSupreme Court of Arkansas · 1952

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