Pace v. J. S. Merrill Drug Co.
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by the J. S. Merrill Drug Company against R. C. Littell, defendant, and T. T. Pace, garnishee. Judgment for plaintiff against the garnishee. Garnishee appeals. On January 23,1896, the J. S. Merrill Drug Company filed a suit before Arthur Walcott, United States commissioner at Ardmore, against R. C. Littell, upon an open account for goods, wares, and merchandise sold him.
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Appeal from the United States court for the Southern district. C. B. Kilgore, Judge. Action by the J. S. Merrill Drug Company against R. C. Littell, defendant, and T. T. Pace, garnishee. Judgment for plaintiff against the garnishee. Garnishee appeals. On January 23,1896, the J. S. Merrill Drug Company filed a suit before Arthur Walcott, United States commissioner at Ardmore, against R. C. Littell, upon an open account for goods, wares, and merchandise sold him. On the same day an affidavit was filed alleging that the defendant had sold, conveyed, and otherwise disposed of his property with…
1Opinion of the CourtSpringer, C. J.
The principal contention of appellant in this case is that the court erred in holding that the assignment from R. C. Littell to T. T. Pace was invalid. The portion of the assignment which it is claimed renders the assignment invalid reads as follows: “The said T. T, Pace is not to take possession of any of said goods until he •has first caused a true and correct inventory to be made thereof and filed with the clerk of the United States court in the Indian Territory, Southern district, at Ardmore, and also executed and filed with the said clerk his bond as required by law, except for the…
2Cases cited16 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Davis v. StateCourt of Appeals of Maryland · 1854
- Shields v. BennettWest Virginia Supreme Court · 1874
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Churchill v. HillSupreme Court of Arkansas · 1894
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3Cited by3 opinions
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- Arnold v. BurksSupreme Court of Oklahoma · 1917
- Rainwater-Bradford Hat Co. v. McBrideCourt of Appeals for the Eighth Circuit · 1902