Legal Opinion

Sannoner v. Jacobson & Co.

Supreme Court of Arkansas

Decided November 15, 1885PublishedCited by 40 opinions

APPEAL from Perry Circuit Court. Pión. J. B. Wood, Circuit Judge. The first question that strikes us in reading the transcript in this case is, by what right were the appellees, H. Aronson, Menken Bros., Berry, Jack & Co., and Hill, Fontaine & Co., allowed to intervene, and take advantage of informalities in the proceedings of the appellant? They were only subsequently attaching creditors. They had no equities superior to those of the appellant.

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APPEAL from Perry Circuit Court. Pión. J. B. Wood, Circuit Judge. The first question that strikes us in reading the transcript in this case is, by what right were the appellees, H. Aronson, Menken Bros., Berry, Jack & Co., and Hill, Fontaine & Co., allowed to intervene, and take advantage of informalities in the proceedings of the appellant? They were only subsequently attaching creditors. They had no equities superior to those of the appellant. They had no rights which were entitled to protection in preference to his. Their claims were no more meritorious; and if they are allowed to defeat…

1Opinion of the CourtCockrill, C. J.

These cases are submitted together. It is conceded they are alike, and that the decision of one will control all. The appeals grew out of contests between attaching creditors of a common debtor, for priority of attachment liens. J. Jacobson & Co. were indebted to each of the appellants, and, acting through the same attorney, these creditors severally sued out attachments and caused them to.be levied simultaneously upon the property of Jacobson & Co.

The proceedings in each case being similar to those in Sannoner’s action, it will be sufficient to consider his case alone. The only attempt at a…

2Cases cited8 opinions

  1. Tilton v. CofieldSupreme Court of the United States · 1876
  2. Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
  3. Hardin v. LeeSupreme Court of Missouri · 1873
  4. Matthews v. DensmoreSupreme Court of the United States · 1883
  5. Louisville, New Albany & Chicago R. W. Co. v. SmithIndiana Supreme Court · 1877

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3Cited by40 opinions

  1. Donovan v. McDevittMontana Supreme Court · 1907
  2. Ballew v. YoungSupreme Court of Oklahoma · 1909
  3. Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
  4. Ballard v. HunterSupreme Court of Arkansas · 1905
  5. Henslee v. KennedySupreme Court of Arkansas · 1977

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