Home Land & Loan Co. v. Routh
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. The intervener did not comply with the statute. Kirby’s Digest, § 391; 58 Ark. 446. 2. The money in the hands of the bank was J. T. Powell’s, and subject to garnishment. The relation between Routh and Powell was that of debtor and creditor, and the court erred in finding for the intervener. 70 Ark. 444:15 Enc.
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Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. The intervener did not comply with the statute. Kirby’s Digest, § 391; 58 Ark. 446. 2. The money in the hands of the bank was J. T. Powell’s, and subject to garnishment. The relation between Routh and Powell was that of debtor and creditor, and the court erred in finding for the intervener. 70 Ark. 444:15 Enc. PI. & Pr. 733:101 Ark. 455:103 Id. 279; 104 Id. 37; 39 Cyc. 49; 57 Ark. 635; 89 Ark. 185; 63 Ark. 246. 1. The question of a trust is not involved. 2. The court’s finding is conclusive. 80 Ark. 249; 104 Id. 154; 96 Id. 606. Money…
1Opinion of the CourtMcCulloch, C. J.
Each of the two appellants, Home Land & Loan Company, and Benton County Hardware Company, recovered a judgment at law against J. T. Powell for money due on contract, and each caused to be issued and served a writ of garnishment on the Farmers State Bank of Rogers, each of the writs being issued upon allegations to the effect that the garnishee had money of J. T. Powell on deposit and was indebted to him., The garnishee filed an answer stating that it had on deposit to the credit of J. T. Powell the sum of $1,466.93 and was-therefore indebted to him in that sum. Appellee, E. A. Routh,…
2Cases cited4 opinions
- Marx v. ParkerWashington Supreme Court · 1894
- Morrill v. RaymondSupreme Court of Kansas · 1882
- Des Moines Cotton Mill Co. v. CooperSupreme Court of Iowa · 1895
- Ingersoll v. First National BankSupreme Court of Minnesota · 1865
3Cited by8 opinions
- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- Susman v. Exchange National BankSupreme Court of Colorado · 1947
- Mortensen v. BallardSupreme Court of Arkansas · 1945
- New England Acceptance Corp. v. NicholsSupreme Court of Vermont · 1939
- Hunter v. HunterSupreme Court of Arkansas · 1949
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