Lazarus v. Freidheim
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court in Chancery. C. W. Smith, Judge. 1. Diver never made any appropriation of payments but agreed to it as made and all the debts were due at the time made. 28 Ark., 440; 44 Id., 90; 50 Ark., 775. 2. The justice’s judgment was void, being for over $300 and the court had no jurisdiction. Sec. 40, Art. 7, Const. 1874. The question of the proper appropriation of payments is settled by Hershy v. Bennett, 41 Am. Rep.; 39 Ark., 248; 2,7 Am.
Read the full summary
APPEAL from Ouachita Circuit Court in Chancery. C. W. Smith, Judge. 1. Diver never made any appropriation of payments but agreed to it as made and all the debts were due at the time made. 28 Ark., 440; 44 Id., 90; 50 Ark., 775. 2. The justice’s judgment was void, being for over $300 and the court had no jurisdiction. Sec. 40, Art. 7, Const. 1874. The question of the proper appropriation of payments is settled by Hershy v. Bennett, 41 Am. Rep.; 39 Ark., 248; 2,7 Am. Dec., 621; 9 Wheat, 720..
1Opinion of the CourtHughes, J.
The appellee, Aaron Freidheim, filed his complaint in chancery in the Ouachita circuit court on the 15th of April, 1887, against John Lazarus and Joe Levy as trustee, and' Shadrach Diver, to subject to sale certain real estate of the 'latter, to-wit: NEj¿ ; E}£ ; NWj< SEj< and NE%j of SW%j of section 17, township 12 south, range-18 west, in Ouachita county, upon which he claimed a judgment lien. His judgment had been obtained against said Diver in the sum of $306.15 on the 17th of February, 1880, before a justice of the peace of said county; and after execution thereon had been returned nulla…
2Cases cited3 opinions
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
- Robinson v. DoolittleSupreme Court of Vermont · 1840
- Fairchild v. HollySupreme Court of Connecticut · 1834
3Cited by8 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Jones v. DowellSupreme Court of Arkansas · 1928
- Tolerton & Stetson Co. v. RobertsSupreme Court of Iowa · 1902
- Gowan v. RobinsonSupreme Court of Arkansas · 1935
- Herweigh v. HallSupreme Court of Arkansas · 1927
3 more not listed; retrieve them via the Exa API.