Nesbit v. Schwab Clothing Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court. James W. Butler, Judge. The Schwab Clothing Company brought an attachment suit against W. T. Nesbit, alleging that the latter was about to remove, or had removed, his property, or a material part thereof, out of the state, not leaving enough to satisfy the claims of , his creditors. The court sustained the attachment, and defendant appealed.
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Appeal from Independence Circuit Court. James W. Butler, Judge. The Schwab Clothing Company brought an attachment suit against W. T. Nesbit, alleging that the latter was about to remove, or had removed, his property, or a material part thereof, out of the state, not leaving enough to satisfy the claims of , his creditors. The court sustained the attachment, and defendant appealed. The facts sufficiently appear in the opinion. 1. It was error to' take into consideration defendant’s exemption's.' The statute does not say “exclusive of exemptions.” Sand. & H. Dig. sec. 3718; Thompson, Homestead…
1Opinion of the CourtBattle, J.
The statute under which the order of attachment was sued out by the appellee against the appellant provides that “ the plaintiff in a civil action may, at or after the commencement thereof, have an attachment against the property of the defendant,” when he ‘‘is about to remove, or has removed, his property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff’s claim or the claims of said defendant’s creditors.” Sand. & H. Dig. sec. 325, subd. 6.
The court, sitting as a jury, found that the appellant had, at the time the order of attachment was…
2Cited by2 opinions
- Foster v. PittsSupreme Court of Arkansas · 1897
- Bunn v. Commercial BankSupreme Court of Georgia · 1896