Edwards v. Thayer
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; 1. The right to a judgment for costs is conferred by statute and is based not upon contract but upon the right given by statute. 84 Ark. 187; 95 Id. 85. The Constitution exempts certain personal property from execution for debt arising upon contract. Const. Art. 9, § § 1 and 2. A judgment for costs is not a debt upon contract.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; 1. The right to a judgment for costs is conferred by statute and is based not upon contract but upon the right given by statute. 84 Ark. 187; 95 Id. 85. The Constitution exempts certain personal property from execution for debt arising upon contract. Const. Art. 9, § § 1 and 2. A judgment for costs is not a debt upon contract. Kirby’s Digest, § 965; 84 Ark. 187. A statutory liability is superior to any right or obligation by contract. 62 Ark. 435; 84 Ark. 188. 2. The judgment for costs is not for the benefit of the litigant unless…
1Opinion of the CourtSmith, J.
This cause was heard by the court below on the following agreed statement of facts:
“It is agreed by the parties hereto that the facts.of this case are as follows: That E. M. Nix instituted suit in the chancery court of Sevier -County against Gertrude Thayer to foreclose a lien upon real estate, and won the suit, obtaining judgment for the debt and cost of suit; that during the progress of the suit and before trial, plaintiff sued out a writ of attachment against -defendant which was levied upon -certain articles of personal property; that said Thayer filed her schedule for exemptions before…
2Cases cited4 opinions
- Martindale v. TibbettsIndiana Supreme Court · 1861
- Buckley v. WilliamsSupreme Court of Arkansas · 1907
- Donaldson v. BantaIndiana Court of Appeals · 1891
- Massie v. EnyartSupreme Court of Arkansas · 1878