Legal Opinion

Walker v. Bradley

Supreme Court of Arkansas

Decided July 15, 1840PublishedCited by 4 opinions

Error to Hempstead Circuit Court. Absent, Ringo, Chief Justice. This suit was commenced in Hempstead Circuit Court, by filing a bond for costs, and issuance of a writ of garnishment by Bradley. The original writ of garnishment was issued on the 6th of January, A. D. 1835, and not being served, an alias writ was issued on the 7th August, 1835, which was duly served.

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Error to Hempstead Circuit Court. Absent, Ringo, Chief Justice. This suit was commenced in Hempstead Circuit Court, by filing a bond for costs, and issuance of a writ of garnishment by Bradley. The original writ of garnishment was issued on the 6th of January, A. D. 1835, and not being served, an alias writ was issued on the 7th August, 1835, which was duly served. The substance of the alias writ is, that Bradley, on the 21st of November, A. D. 1835, in Hempstead Circuit Court, had recovered judgment against Joshua T. Walker, Simon T. Sanders, and James W. Walker, for $7,144 70 cts., debt,…

1Opinion of the CourtLacy, Judge

The proceedings in this case are partly according to the practice in courts of chancery and partly according to the practice of courts of law. They are authorized and regulated by an act of the late Territorial Government, approved Nov. 7th, 1831. Ark. Dig. p. 344, sections 89 to 93.

It is contended, in behalf of the plaintiff in error, that the court below erred in refusing to dismiss and set aside the proceedings in this case on his first motion made for that purpose. The bare statement of the ground of that motion will be sufficient to prove its futility.

It is said that the writ was…

2Cases cited1 opinion

  1. Broome v. BeardsleyNew York Supreme Court · 1805

3Cited by4 opinions

  1. Beasley v. HaneySupreme Court of Arkansas · 1910
  2. Harris v. HarrisSupreme Court of Arkansas · 1941
  3. Biscoe v. SandefurSupreme Court of Arkansas · 1854
  4. Kelly v. Garvin, Carson & Co.Supreme Court of Arkansas · 1852

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