Ray v. Gregory
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. E. Dalton, obtained a judgment on a promissory note on the 13th day of January, 1912, in the justice court for $161.60 against the appellee Jno. A. Gregory, the maker, and the appellants, Jno. G. Ray and Geo. H. James, the endorsers thereon.
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. E. Dalton, obtained a judgment on a promissory note on the 13th day of January, 1912, in the justice court for $161.60 against the appellee Jno. A. Gregory, the maker, and the appellants, Jno. G. Ray and Geo. H. James, the endorsers thereon. Said Ray and James paid Dalton the full amount of the judgment, and took an assignment thereof on said date and on the 14th caused an execution to issue in Dalton’s name against the property of Gregory for their benefit. The sheriff levied the execution .upon certain property…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellants contend that the court erred in refusing to allow their judgment against appellee set off against his judgment against them, and in declaring appellee’s judgment exempt from such set-off.
(1-2) It is true that appellee did not claim the amount of his judgment exempt against set-off of the judgment of appellants against him in this proceeding, hut his judgment was for damages for the value of property allowed him by law exempt from execution caused to be sold by said appellants, and of which they received the proceeds, and since the whole…
2Cases cited2 opinions
- Atkinson & Co. v. PittmanSupreme Court of Arkansas · 1886
- Fultz v. CastleberrySupreme Court of Arkansas · 1907