Meyer v. Missouri Glass Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Bupus D. Hearn, Judge. STATEMENT BY THE COURT. This is a contest between certain creditors of the firm of Sheppard Bros, concerning the priority of their attachment liens. The facts are as follows: The appellants, Meyer, Bannerman & Co., A. C. Pitts, and the First National Bank of Atlanta, Texas, were the creditors of the partnership firm of Sheppard Bros., which firm was engaged, in mercantile business at Era, Ark.
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Appeal from Miller Circuit Court. Bupus D. Hearn, Judge. STATEMENT BY THE COURT. This is a contest between certain creditors of the firm of Sheppard Bros, concerning the priority of their attachment liens. The facts are as follows: The appellants, Meyer, Bannerman & Co., A. C. Pitts, and the First National Bank of Atlanta, Texas, were the creditors of the partnership firm of Sheppard Bros., which firm was engaged, in mercantile business at Era, Ark. On the 7th of December, 1895, appellant brought their several suits against said firm in the circuit court of Miller county, and procured writs…
1Opinion of the Court
Riddick, J.,
(after stating the facts). We are of the opinion that the constable did not make a valid levy upon the goods in the store prior to that made by the sheriff. The stock of goods was capable of manual delivery, and to make a valid levy thereon it was necessary for the officer to take the same into his custody. Sand. & H. Dig., § 336.
The custody of the property in such a ease must be an actual possession; there must be actual control with power of removal. It is not sufficient for the officer to take a constructive possession, or to declare that he has taken possession and levied upon…
2Cases cited1 opinion
- Rix v. SilknitterSupreme Court of Iowa · 1881
3Cited by2 opinions
- United States v. O'DELLCourt of Appeals for the Sixth Circuit · 1947
- Cupples v. LevelWashington Supreme Court · 1909