Raleigh v. Griffith
Supreme Court of Arkansas
APPEAL from Pulaslei Circuit Court. Hon. J. W. Martin, Circuit Judge. The only material point in this case is as to the validity and effect of ch. 10, Gantt’s Digest. I. The act imposes duties on the County Court that it. cannot perform under the Constitution. Art. 7, Sec. 28y Oon. of Arle. The act is indivisible, and being void in part, is void in toto. Bittle v. Stuart, 34 Arle. II. The provision requiring sales to be public is merely directory.
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APPEAL from Pulaslei Circuit Court. Hon. J. W. Martin, Circuit Judge. The only material point in this case is as to the validity and effect of ch. 10, Gantt’s Digest. I. The act imposes duties on the County Court that it. cannot perform under the Constitution. Art. 7, Sec. 28y Oon. of Arle. The act is indivisible, and being void in part, is void in toto. Bittle v. Stuart, 34 Arle. II. The provision requiring sales to be public is merely directory. Where it is to the interest of all parties that the sale be private, it is competent to so direct. Feild v. Dortchy 34 Arle., 339 ; Neil v.…
1Opinion of the CourtEnglish, C. J.
On the twenty-third of May, 1878, Jarrett & Co., merchants of Little Rock, who were unable to pay their debts, made a general deed of assignment of all their stock of merchandise, choses in action, and other property, to Patrick Raleigh, as trustee, for the benefit of all their creditors. Raleigh gave bond and took possession of the goods.
Two days after the execution of the deed, Musor Bros., and Mesker Bros., creditors of Jarrett & Co., who, it seems, had recovered judgments against them before a Justice of the Peace, sued out executions upon the judgments, which were placed in the hands of…
2Cited by8 opinions
- Jaffray v. McGeheeSupreme Court of the United States · 1883
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Appolos v. BradyCourt of Appeals for the Eighth Circuit · 1892
- Churchill v. HillSupreme Court of Arkansas · 1894
- Rice v. FrayserUnited States Circuit Court · 1885
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