Boatwright v. Stewart
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Hon. Robert H. Crocket, Special Judge. 1. The onus was on appellee to show a “wrongful’’ suing out or obtainment of the attachment. The attachment was dissolved for informalities in the affidavit and proceedings before a justice, and the dissolution of an attachment for informalit}7 is not proof that it was wrongfully sued out. Sharp v. Hunter, 16 Ala., 765 ; Pettit v. Mercer, SB.
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APPEAL from Arkansas Circuit Court. Hon. Robert H. Crocket, Special Judge. 1. The onus was on appellee to show a “wrongful’’ suing out or obtainment of the attachment. The attachment was dissolved for informalities in the affidavit and proceedings before a justice, and the dissolution of an attachment for informalit}7 is not proof that it was wrongfully sued out. Sharp v. Hunter, 16 Ala., 765 ; Pettit v. Mercer, SB. Mon., 51; Smith v. Story, 4 Humph., 169; Tiller v. Shearer, 20 Ala., 527; Kirkland v. Gox, 1 Jones, N~. O. L., 428; Winchester v. Gox, 4 Greene, Iowa, 121; White v. Dingle, 4…
1Opinion of the CourtEnglish, C. J.
This was a suit upon an attachment bond. The history of the attachment suit, as stated in Mears et al v. Stewart, 31 Ark., 17, is briefly as follows :
On the fourteenth October, 1873', Mears & Boatwright sued George W. Stewart, on an open account, for $215, before a Justice of the Peace of Arkansas county. They filed with the account an affidavit, and Code form, of bond for attachment, which seems to have been issued, and not returned by the constable. On the twenty-seventh of October, 1873, defendant appeai’ed; there was a trial by jury, and verdict and judgment in favor of plaintiffs for…
2Cases cited2 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Bishop v. BradfordSupreme Court of Alabama · 1849
3Cited by6 opinions
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Waring v. FletcherIndiana Supreme Court · 1898
- Arnold Barber & Beauty Supply Co. v. ProvanceSupreme Court of Arkansas · 1952
- Mowery v. HouseSupreme Court of Arkansas · 1962
- Harrison v. FulkSupreme Court of Arkansas · 1917
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