Claflin v. Furstenheim
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District. R. B. Rutherford, Judge. Upon a former appeal in this case (Furstenheim v. Claflin, 4.7 Ark., 49,) it appeared that both parties to the appeal had sued out writs of attachment against the same debtor and caused them to be levied upon the same property.
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APPEAL from Sebastian Circuit Court, Greenwood District. R. B. Rutherford, Judge. Upon a former appeal in this case (Furstenheim v. Claflin, 4.7 Ark., 49,) it appeared that both parties to the appeal had sued out writs of attachment against the same debtor and caused them to be levied upon the same property. The appellees in that appeal, whose attachment was subsequent to that of the appellants, and had been obtained in another tribunal, intervened in appellant’s suit and claimed priority for their attachment on the ground that no affidavit had been made by appellants before suing out their…
1Opinion of the CourtCockrill, C. J.
This is the second appeal of this cause. The case is stated in 47 Ark., 49. The question now relates to the validity of the levy of the appellee’s attachment.
The Sheriff had attached the property in dispute through a deputy under a writ issued by a justice of the peace before either of the attachers, who are contending for priority here, had sued out their orders of attachment, and the deputy was in the actual possession by virtue of the seizure for the first creditor when they undertook to attach. The appellees placed their order of attachment in the hands of a second deputy of the same…
2Cases cited1 opinion
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Goodbar v. BrooksSupreme Court of Arkansas · 1893