Citizens Bank of Mammoth Spring v. Commercial National Bank of Chicago
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. W. Meeks, Judge; STATEMENT BY THE COURT. This is the .second appearance of this ¡cause here, a statement of which ¡appears in the former opinion wherein the complaint was held ¡sufficient. Citizens Bank v. Commercial National Bank, 107 Ark. 142. The Wood Grocery Company first brought suit in the justice court by attachment to subject certain fund's in the hands of the Citizens Bank to 'the payment of its debt against L. Sharks Company.
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Appeal from Fulton Circuit Court; J. W. Meeks, Judge; STATEMENT BY THE COURT. This is the .second appearance of this ¡cause here, a statement of which ¡appears in the former opinion wherein the complaint was held ¡sufficient. Citizens Bank v. Commercial National Bank, 107 Ark. 142. The Wood Grocery Company first brought suit in the justice court by attachment to subject certain fund's in the hands of the Citizens Bank to 'the payment of its debt against L. Sharks Company. The garnishee 'answered, admitting that it held the funds which it offered to pay into court. The Commercial National Bank…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the court was without jurisdiction to render the judgments. It insists that the Wood Grocery Company had no notice of the proceeding and that the judgment nunc pro tunc against it is therefore void.
The attorneys who represented the Wood Grocery Company in the former litgation and A. P. Campbell, the manager of said company, now one of the owners of its ■successor, were both in court, both testified unequivocally that a judgment was in fact rendered against the Wood Grocery Company by the circuit court; that it prayed and was granted…
2Cases cited7 opinions
- Bobo v. StateSupreme Court of Arkansas · 1882
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- Hershy v. BaerSupreme Court of Arkansas · 1885
- Liddell v. BodenheimerSupreme Court of Arkansas · 1906
- Simpson v. TalbotSupreme Court of Arkansas · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hannon v. HensonTexas Commission of Appeals · 1929
- Dean v. BrownSupreme Court of Arkansas · 1950
- Cowles v. J. C. Mardis Co.Supreme Court of Iowa · 1921
- Sloan v. WilliamsSupreme Court of Arkansas · 1915
- Hall v. CastleberrySupreme Court of Arkansas · 1942