National Surety Co. v. Bertig Bros.
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; B. H. Dudley, Judge; After judgment Pigue filed his schedule for exemption. The exemption was allowed. The funds were exempt. 1 Bacon on Ben. Soe. 794; 131 Cal. 437; 61 N. W. 456; 63 Id. 627; 67 Id. 994; 143 Mass. 216; 43 Oh.
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Appeal from Greene Circuit Court, First Division; B. H. Dudley, Judge; After judgment Pigue filed his schedule for exemption. The exemption was allowed. The funds were exempt. 1 Bacon on Ben. Soe. 794; 131 Cal. 437; 61 N. W. 456; 63 Id. 627; 67 Id. 994; 143 Mass. 216; 43 Oh. St. 1; 76 Pac. 861; 65 Ark. 112. 1. Plaintiff had a valid judgment and the writ of garnishment having been duly issued and saved, the company is liable. 89 Ark. 378; 98 Id. 144. 2. The fund was not exempt. Kirby’s Digest, § § 4351-8. A lien was fixed by the garnishment, and no subsequent payment to defendant could destroy…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The undisputed evidence in the record is that after judgment was rendered by default against the Circle, as garnishee, adjudging that it had in its hands the sum of $500 that was due W. C. Pigue, Pigue filed a schedule before the clerk of the circuit court, claiming the amount thus adjudged in the hands of the garnishee as exempt. The schedule was allowed by the clerk, and the appellees here appealed from that allowance to the circuit court and the circuit court affirmed the action of the clerk, and no appeal was taken by Bertig Brothers from this judgment…
2Cases cited1 opinion
- Blass v. ErberSupreme Court of Arkansas · 1898
3Cited by10 opinions
- Anthony v. First National Bank of MagnoliaSupreme Court of Arkansas · 1968
- Smith v. RyanSupreme Court of Arkansas · 1927
- Connell v. RobinsonSupreme Court of Arkansas · 1950
- American Railway Express Company v. ColeSupreme Court of Arkansas · 1931
- In re CarrollDistrict Court, W.D. Arkansas · 1955
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