Ward v. Carlton
Supreme Court of Arkansas
Appeal from Ohicot Gireuit Court. Hon. Henry B. Morse, Circuit Judge. The point involved here is apparent on the record, and no bill of exceptions is needed to put it there. 5 Ark., 700; 35 lb. 503; 3 Bush. (Ky.) 580. We submit that the defendant, after giving bond to dissolve the attachment, was estopped from pleading against the affidavit. He could only plead matters that went to the merits of the case and not preliminary matters or matters in abatement.
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Appeal from Ohicot Gireuit Court. Hon. Henry B. Morse, Circuit Judge. The point involved here is apparent on the record, and no bill of exceptions is needed to put it there. 5 Ark., 700; 35 lb. 503; 3 Bush. (Ky.) 580. We submit that the defendant, after giving bond to dissolve the attachment, was estopped from pleading against the affidavit. He could only plead matters that went to the merits of the case and not preliminary matters or matters in abatement. JDidier v. Galloioay, 3 Ark. 501; Delano v. Kennedy, 5 lb. 4A7; Shields v. Barden, 6 lb. 459; Heard Co., v. Dawry, 5 ' lb. 533; see…
1Opinion of the CourtMcClure, C. J.
This was a suit by attachment, commenced by Robert J. Ward, against Isaac H. Hilliard, on the 25th of November, 1867, who, pending the suit died, and the same was revived in Hie name of Carlton, the administrator. . The sheriff executed the writ of attachment by seizing certain property; but failed to have the same appraised, as required by the act of March 7, 1867, regulating attachments.
The defendant, on the 14th of December, 1867, executed a bond, which was approved by the court, in double the amount ■of the plaintiff’s claim, whereupon, the record says, the attachment was “ dissolved.”
On…
2Cited by7 opinions
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- Webb v. KelseySupreme Court of Arkansas · 1899
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