Legal Opinion

Arnold v. McLellan

Supreme Court of Oklahoma

Decided November 16, 1910No. 618PublishedCited by 1 opinion

Error from District Court, Pittsburg Countyj Preslie B. Cole, Judge. Action between Jones N. Arnold and Ada McLellan. From a judgment for the latter, the former brings error.

1Opinion of the CourtWilliams, J.

Under section 339 (sec. 317, Mansf. Dig. Ark. 1884), Ind. Ter. St. 1899, it is settled that only in suits by attachment may a writ of garnishment be issued before judgment against the defendant. Leingardt v. Deitz, 30 Ark. 224; Littlejohn v. Lewis, 32 Ark. 423. Conseequently not only the'affidavit, but also the bond, was essential. Section 340 (sec. 318, Mansf. Dig. Ark. 1884), Ind. Ter. St. 1899; section 332 (sec. 310, Mansf, Dig. Ark. 1884), Ind. Ter. St. 1899; section 334 (sec. 312, Mansf. Dig. Ark. 1884), Ind. Ter. St. 1899.

The failure to make such affidavit and bond and file the same is…

2Cases cited3 opinions

  1. Fletcher v. MenkenSupreme Court of Arkansas · 1881
  2. Leingardt v. DeitzSupreme Court of Arkansas · 1875
  3. Littlejohn v. LewisSupreme Court of Arkansas · 1877

3Cited by1 opinion

  1. Turner v. MillsSupreme Court of Oklahoma · 1911

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