Goodbar v. Brooks
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Hugh F. Thomason, Judge. Sarah F. Howell, the Citizens’ Bank of Van Burén, and the Shibley-Wood Grocery Co. sued Fry & Ford in the Crawford circuit court, and procured writs of attachment to be placed in the sheriff’s hands and to be levied, in the order named, upon a stock of goods belonging to defendants.
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Appeal from Crawford Circuit Court. Hugh F. Thomason, Judge. Sarah F. Howell, the Citizens’ Bank of Van Burén, and the Shibley-Wood Grocery Co. sued Fry & Ford in the Crawford circuit court, and procured writs of attachment to be placed in the sheriff’s hands and to be levied, in the order named, upon a stock of goods belonging to defendants. Subsequently Brooks, Neely & Co. sued the same firm in the United States circuit court for the western district of Arkansas, and procured an attachment to be issued. The marshal made a constructive levy upon the stock of goods in the sheriff’s hands by…
1Opinion of the CourtMansBIERD, J.
At the time of the action taken by the marshal under the order of attachment issued by the Federal court, the goods on which he souglit to levy were held by the sheriff by virtue of an attachment sued out of the Crawford circuit court. They were therefore in the custody of the law, and could not be subjected to a second attachment if it operated to disturb the sheriff’s possession. This being so, the appellants contend that the marshal could not make a valid levy, for the reason, as they insist, that a seizure of the goods was essential to such a levy, and this would necessarily have…
2Cases cited3 opinions
- Gumbel v. PitkinSupreme Court of the United States · 1888
- Patterson v. StephensonSupreme Court of Missouri · 1883
- Claflin v. FurstenheimSupreme Court of Arkansas · 1887
3Cited by1 opinion
- Young v. StoutamireSupreme Court of Florida · 1938