Arkadelphia Lumber Co. v. McNutt
Supreme Court of Arkansas
Appeal from Clark Circuit Court in Chancery. Joel D. Conway, Judge. The complaint in this cause was as follows: “The plaintiffs, S. R. McNutt, J. C. Wallis, Dave Graves, and J. M. Gordon, complaining of the defendant, Arkadelphia Lumber Company, state: That the Arkadelphia Lumber Company is a domestic corporation under the laws of the state of Arkansas.
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Appeal from Clark Circuit Court in Chancery. Joel D. Conway, Judge. The complaint in this cause was as follows: “The plaintiffs, S. R. McNutt, J. C. Wallis, Dave Graves, and J. M. Gordon, complaining of the defendant, Arkadelphia Lumber Company, state: That the Arkadelphia Lumber Company is a domestic corporation under the laws of the state of Arkansas. That on the 18th day of October, 1898, the plaintiff S. R. McNutt brought a suit in the Clark county court of common pleas against H. J. Edgarton on a demand for $1,300 or $1,400 on several distinct causes of action, each of them being within…
1Opinion of the CourtBattle, J.
Appellees fail to show in their complaint any cause of action against the appellant. They show that appellee, S. R. McNutt, had acquired a lien on the planer, the property attached, prior to that claimed -by . the appellant. ' The planer was seized by the sheriff under the order of attachment in favor of McNutt, and was in the possession of that officer before the constable undertook to levy upon it under the order in favor of the Arkadelphia Lumber Company. This being true, the lien acquired by McNutt was prior and superior to any that could have been claimed by the lumber company. Derrick…
2Cases cited3 opinions
- Fox v. Arkansas Industrial Co.Supreme Court of Arkansas · 1889
- Bridgeford & Co. v. AdamsSupreme Court of Arkansas · 1885
- Derrick v. ColeSupreme Court of Arkansas · 1895