Launius v. Drake
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Where a debtor’s right to exemption has once been adjudicated, he cannot file a schedule again under the same attachment. The principle of res adjudicóla applies. 55 Ark. 55; 65 Id. 232. 2. By failure to appeal Drake waived his exemptions. 43 Ark. 17; 47 Id. 400. 3. The circuit court had no authority to order the justice to allow the second schedule.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Where a debtor’s right to exemption has once been adjudicated, he cannot file a schedule again under the same attachment. The principle of res adjudicóla applies. 55 Ark. 55; 65 Id. 232. 2. By failure to appeal Drake waived his exemptions. 43 Ark. 17; 47 Id. 400. 3. The circuit court had no authority to order the justice to allow the second schedule. Justices of the peace are judicial officers and mandamus does not lie to control their discretion. 43 Ark. 17; 42 Id. 410; 34 Id. 394. 1. Appellee did not waive his exemptions by failing…
1Opinion of the CourtHumphreys, J.
G. L. Sorrells recovered judgment for $290.52 against J. S. Drake before C. E. Launius, a justice of the peace for Holly Springs Township, Dallas county, Arkansas, who is the appellant herein. An attachment had been levied upon two mules, a wagon and harness, the property of J. S. Drake, in said suit and was sustained at the time of the rendition of judgment and the property was ordered sold under said attachment proceedings. J. S. Drake, the appellee herein, gave notice in accordance with law and filed a schedule claiming his exemptions, including this property, with the justice of the…
2Cases cited4 opinions
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Cason v. BoneSupreme Court of Arkansas · 1884
- Chambers v. PerrySupreme Court of Arkansas · 1886
- Taylor v. TomlinsonSupreme Court of Arkansas · 1898