King v. Payan & Co.
Supreme Court of Arkansas
Appeal from the Circuit Court of Marion county in Chancery. The claim was a plain money demand, upon which the ap-pellees could have recovered judgment at law, and have issued their writ of garnishment against appellant, and thus have reached his indebtedness. Hempstead & Conway vs. Watkins, 1 Eng. 317) 1 Story’s Eq.
Read the full summary
Appeal from the Circuit Court of Marion county in Chancery. The claim was a plain money demand, upon which the ap-pellees could have recovered judgment at law, and have issued their writ of garnishment against appellant, and thus have reached his indebtedness. Hempstead & Conway vs. Watkins, 1 Eng. 317) 1 Story’s Eq. Jur., sec. 61 ,p. 49. The appellees had no right to a decree against the appellant in this case until they had recovered judgment against him and issued an execution and it returned nulla bona. Duberry vs. Clifton, Cook R. 338; Beek vs. Burdit, 1 Paige 305; Hendrix vs. Henderson,…
1Opinion of the CourtJustice Hanly
This was a bill brought by the appellees against the appellants and William Coker and William 0. Mitchell, in the Marion Circuit Court in chancery. The substance of the bill, as far as is material, is as follows: That the appellees are merchants and co-partners in the city of New Orleans; that, as such, they sold and delivered to the appellant, King, merchandize to the amount of ten hundred and eighty-five 66-100 dollars', for which King, the appellant, made, executed and delivered to them his promissory note, bearing date 19th April, 1854, payable twelve months from date, with interest at 8…
2Cases cited1 opinion
- Bank of Burlington v. DurkeeSupreme Court of Vermont · 1829
3Cited by5 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Sweeny v. WilliamsSupreme Court of New Jersey · 1883
- Apple v. AppleSupreme Court of Arkansas · 1912
- Ponder v. Jefferson Standard Life InsuranceSupreme Court of Arkansas · 1937
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975