Applewhite v. Harrell Mill Co.
Supreme Court of Arkansas
APPEAL from Cross Circuit Court. W. H. Cate, Judge. Appellants were not estopped from proving that the property was theirs, by giving the forthcoming bond, under section 223, Mansf. Dig. They only bound themselves that the property, or its value, should be forthcoming and subject to the order of the court. 2 Mete., Ky., 209; 3 id.-, pp6; 3 Bush., 212; Drake on Att., 6th ed., 340, n. r; 33 Tex., 133; to Martin, p8; 16 La. Ann., 123; 30 III., pgi; 3 S. W. Rep., p. pop.
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APPEAL from Cross Circuit Court. W. H. Cate, Judge. Appellants were not estopped from proving that the property was theirs, by giving the forthcoming bond, under section 223, Mansf. Dig. They only bound themselves that the property, or its value, should be forthcoming and subject to the order of the court. 2 Mete., Ky., 209; 3 id.-, pp6; 3 Bush., 212; Drake on Att., 6th ed., 340, n. r; 33 Tex., 133; to Martin, p8; 16 La. Ann., 123; 30 III., pgi; 3 S. W. Rep., p. pop. The judgment is right upon the proof. Appellants were in possession when the attachment was levied. To throw the officer and…
1Opinion of the CourtCockrill, C. J.
In an action by the Harrell Mill Company against C. J. Speuhler & Co., in the Cross Circuit Court,.'an order of attachment issued and was levied upon a lot of lumber and a tramway and cars, for which James Applewhite & Co., the appellants, were permitted to file their interplea, claiming to be the owners of the property, before judgment was rendered in the cause against the defendants in the action.
The interplea was tried without the intervention of a jury, ■and the court made the following finding of facts, viz.: The interpleaders at the time of the levy of the attachment were in possession…
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- Lee Wilson & Co. v. Crittenden County Bank & Trust Co.Supreme Court of Arkansas · 1911
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
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