Legal Opinion

Burke v. Sharp

Supreme Court of Arkansas

Decided December 14, 1908PublishedCited by 4 opinions

Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT, Burke & Joseph, a contracting firm, filed suit in the White Circuit Court against D. P. Cullen, U. B. McCurdy and the Cullen-MoCurdy Construction Company, alleging that the defendants were indebted to them in the sum of $11,000, and filed an affidavit for attachment, on the ground that the defendants were nonresidents of the State and had removed a material part of their property out of the…

Read the full summary

Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT, Burke & Joseph, a contracting firm, filed suit in the White Circuit Court against D. P. Cullen, U. B. McCurdy and the Cullen-MoCurdy Construction Company, alleging that the defendants were indebted to them in the sum of $11,000, and filed an affidavit for attachment, on the ground that the defendants were nonresidents of the State and had removed a material part of their property out of the State, not leaving enough to satisfy the claims of their creditors. The attachment was issued and levied on a contractor’s…

1Opinion of the Court

Hili,, C. J.,

(after stating the facts.) 1. The first point made by appellants is that the interplea was not verified, and this was made a ground in the motion for a new trial, wherein the lack of verification was pointed out to the trial court. Section 391, Kirby’s Digest, requires that any person, before the sale of attached property or before the payment of the proceeds thereof to the plaintiff, may present his complaint, verified, to the court, disputing the validity of the attachment, or stating a claim to the property or an interest therein, and his claim shall be investigated. It is…

2Cases cited6 opinions

  1. Shaul v. HarringtonSupreme Court of Arkansas · 1891
  2. Lesem v. Herriford & LowrySupreme Court of Missouri · 1869
  3. Garner v. WrightSupreme Court of Arkansas · 1889
  4. Stix v. ChaytorSupreme Court of Arkansas · 1891
  5. State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
  2. Webb v. StateSupreme Court of Arkansas · 1921
  3. American Co. of Arkansas v. WheelerSupreme Court of Arkansas · 1930
  4. Wray Bros. v. H. A. White Auto Co.Supreme Court of Arkansas · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API