St. L., I. M. & S. Ry. Co. v. Richter
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. Hon. J. B. Wood, Judge. A debtor can set up and plead any and all defenses arising before and up to the date of answer in the circuit court. A writ of attachment in the nature of a garnishment issued after a judgment and appeal has been had in a justice’s court, can be pleaded in the circuit court as a> valid defense to said action, or as much of the same as it will cover.
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APPEAL from Saline Circuit Court. Hon. J. B. Wood, Judge. A debtor can set up and plead any and all defenses arising before and up to the date of answer in the circuit court. A writ of attachment in the nature of a garnishment issued after a judgment and appeal has been had in a justice’s court, can be pleaded in the circuit court as a> valid defense to said action, or as much of the same as it will cover. The cause stands for trial de novo in the circuit court upon its merits. Mansf. Dig., sec. 3417; ib., U40-41; 46 Ark., 253; 15 Mass., 185; 42 ib., 487; 25 ib., 448 ; 26 ib., 317; Ark. Code,…
1Opinion of the CourtCockrill, C. J.
Richter recovered judgment by default against the railroad before a justice of the peace for $66.07 on January 26, 1885. An appeal was prayed to the circuit court, and the judgment superseded the next day. Before the cause was reached for trial in the circuit court a judgment creditor of Richter sued out a garnishment upon a judgment rendered by another justice, and caused it to be served on the railroad company for the purpose of satisfying the judgment against Richter. The company did not answer the garnishment, and a judgment by default in the garnishment proceedings was rendered against…
2Cases cited1 opinion
- Minard v. LawlerIllinois Supreme Court · 1861
3Cited by12 opinions
- Equifax, Inc. v. LusterDistrict Court, E.D. Arkansas · 1978
- Independence Federal Bank, F.S.B. v. WebberSupreme Court of Arkansas · 1990
- McIlroy Bank v. First National Bank of FayettevilleSupreme Court of Arkansas · 1972
- St. Louis & San Francisco Railroad v. BowmanSupreme Court of Arkansas · 1905
- Little Rock Traction & Electric Co. v. WilsonSupreme Court of Arkansas · 1899
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