Adams v. Penzell & Co.
Supreme Court of Arkansas
APPEAL frpm Yell Circuit Court. , , Hon. W. D. Jacoway Circuit Judge. • Appellant was a trustee, and it was his duty to protect the trust estate; he was empowered by the deed to employ counsel, and he should have been allowed credit for the $85.00. Appellees’ judgment was for only $128.40, but the Court ordered the payment by appellant of $324.50. This was error. The order was final. Adams commenced selling goods immediately after taking charge, and paying creditors.
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APPEAL frpm Yell Circuit Court. , , Hon. W. D. Jacoway Circuit Judge. • Appellant was a trustee, and it was his duty to protect the trust estate; he was empowered by the deed to employ counsel, and he should have been allowed credit for the $85.00. Appellees’ judgment was for only $128.40, but the Court ordered the payment by appellant of $324.50. This was error. The order was final. Adams commenced selling goods immediately after taking charge, and paying creditors. This was in violation of law. Sea. 387, Gantt's Dig. The attorney’s fees were paid after service of garnishment, and at his…
1Opinion of the Court
STATEMENT.
English, C. J.
On the 27th of October, 1881, Penzell & Co. commenced this suit, by attachment, against Stewart & Co., upon an open account for $127.40, in the Circuit Court of Yell county for the Dardanelle District.
About the same time other creditors of Stewart & Co. sued out attachments against them in the same Court.
The attachments were levied on goods as the property of Stewart & Co., and L. C. Adams was summoned as a garnishee.
The goods were sold as perishable property under an order of the Circuit Judge at chambers, and the sheriff returned that the proceeds of sale were…
2Cited by6 opinions
- Plummer v. School District Number 1Supreme Court of Arkansas · 1909
- Harris v. HarrisSupreme Court of Arkansas · 1941
- Hockaday v. WarmackSupreme Court of Arkansas · 1916
- Bray v. WilleySupreme Court of Arkansas · 1965
- Little Rock Traction & Electric Co. v. WilsonSupreme Court of Arkansas · 1899
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