Heffner v. Day
Supreme Court of Arkansas
APPEAL from Lonoke Chancery Court. D. W. Carroll, Chancellor. T. J. Dick, a merchant at Carlisle, Ark., made an assignment for the benefit of his creditors, preferring, among others, Mrs. E. E. Heffner. She thereupon brought suit, alleg ing that fact and that creditors would suffer great loss if the property was sold by the assignee. She prayed for the appointment of a receiver to sell the property under the directions of the court. A receiver was appointed.
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APPEAL from Lonoke Chancery Court. D. W. Carroll, Chancellor. T. J. Dick, a merchant at Carlisle, Ark., made an assignment for the benefit of his creditors, preferring, among others, Mrs. E. E. Heffner. She thereupon brought suit, alleg ing that fact and that creditors would suffer great loss if the property was sold by the assignee. She prayed for the appointment of a receiver to sell the property under the directions of the court. A receiver was appointed. Day, Horton & Bailey and certain other creditors intervened, alleging that the assignment was fraudulent. Upon a hearing, the court…
1Per curiam
What is a final The decree is not a final disposition of the whole controversy as to the appellant. There is no ascertainment of the amount of the debts due the attaching creditors, who the court has indicated shall be preferred to the appellant in the distribution of the assets, and there is no direction to pay out any sum. For aught that appears, the appellant’s debt may be paid out of the property covered by the assignment; and if so, no injury has been done. The appeal is premature. Myers v. Becker, 95 N. Y., 486; Davie v. Davie, 52 Ark., 224. The motion to dismiss the appeal will be…
2Cases cited1 opinion
- Myers v. . BeckerNew York Court of Appeals · 1884
3Cited by3 opinions
- Seitz v. MeriwetherSupreme Court of Arkansas · 1914
- Hamner v. ScottCourt of Appeals for the Eighth Circuit · 1894
- McGraw v. BerrySupreme Court of Arkansas · 1926