Sherrill v. Bench & Bro.
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. W. D. Jaco way, Circuit Judge. Before a creditor can resort to attachment, it must appear that there was an intent to cheat, hinder, or delay the attaching creditor, or a general intent to defraud creditors indiscriminately. Thé intent to do so, or such conduct as will have the effect to cheat, etc., must exist. The property sold to Dennis was not subject to levy and sale for appellee’s debt, and the3r were in no wise prejudiced.
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APPEAL from Johnson Circuit Court. Hon. W. D. Jaco way, Circuit Judge. Before a creditor can resort to attachment, it must appear that there was an intent to cheat, hinder, or delay the attaching creditor, or a general intent to defraud creditors indiscriminately. Thé intent to do so, or such conduct as will have the effect to cheat, etc., must exist. The property sold to Dennis was not subject to levy and sale for appellee’s debt, and the3r were in no wise prejudiced. Cites 31 Ark., 554.
1Opinion of the CourtEnglish, C. J.
Bench & Bro. commenced this suit against Sherrill by attachment on a promissory note, before a Justice of the Peace of Johnson county. Defendant did not dispute the debt, but controverted the grounds of attachment. Plaintiffs obtained judgment, defendant appealed, and on a trial de novo in the Circuit Court, the verdict and judgment were in favor of plaintiffs. Defendant filed motions in arrest of judgment, and for a new trial, which were overruled, and he took a bill of exceptions, and appealed to this court.
I. The motion in arrest of judgment was upon the ground that there was no affidavit,…
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