Cotton v. Penzel & Co.
Supreme Court of Arkansas
APPEAL from Tell Circuit Court. Hon. Zenas L. Wise, Special Judge. It was the duty of the justice to investigate the matter set up in the interplea, and ascertain and adjudicate what the rights of all parties were. This was not an attempt to enforce a material-man’s lien, but an effort only to have the interpleader’s rights protected.
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APPEAL from Tell Circuit Court. Hon. Zenas L. Wise, Special Judge. It was the duty of the justice to investigate the matter set up in the interplea, and ascertain and adjudicate what the rights of all parties were. This was not an attempt to enforce a material-man’s lien, but an effort only to have the interpleader’s rights protected. Sec. ¿32 Gantt’s Dig.; 15 Ark., 129; 38 lb., 329; 33 lb., ¿75. The justice had no jurisdiction of the subject matter of the interplea, and the Circuit Court acquired none on appeal. 31 Ark., ¿86; ¿0 Ark., 557.
1Opinion of the CourtCockrill, C. J.
In a proceeding before a justice of the peace, Penzel & Co. caused an attachment to be levied on “a box store-house.” The appellant appeared and filed an interplea alleging that he had furnished shingles and lumber to build the house, and had fixed a lien on it • for the sum of $118.15, the value of the materials furnished, by complying with the provisions of the mechanic’s lien law. On appeal to the Circuit Court a demurrer for want of jurisdiction in the justice of the peace was sustained to the interplea, and it was dismissed.
The statute provides that one who shall furnish “any materials,…
2Cases cited1 opinion
- Collins v. MottSupreme Court of Missouri · 1869
3Cited by3 opinions
- Drum v. McDanielSupreme Court of Arkansas · 1949
- Keel v. IngersollSupreme Court of Oklahoma · 1910
- Hoye Coal Co. v. ColvinSupreme Court of Arkansas · 1907