Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 44

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... any other cause. The courts have no power to interpolate terms in a statute, unless there is a necessary implication to that effect. And as an intention to defraud creditors is expressed in some of the grounds of attachment, and omitted in others, the natural inference is that the omission was designed. Hence we conclude that the principle upon whichthe sixth clause proceeds is the danger of loss of the debt by the removal of the defendant's property, and that it is not necessary to aver a fraudulent intent. This is the construction that was placed on this clause by Caldwell, J., in Mach' 5 Co. u. McDaniel, 2 McCrary, 1.98. And the same construction has been given to similar provisions elsewhere. Montague v. Gaddis, 37 Miss., 454; Run/an v. Morgan, 7 Hum.ph1'ies, 210; Friedlander v. Pollock, 5 Cold. (Tenn.), 4.90; Branch Bank v. While, 12 Iowa, 141; Sherrill L'. Fay, 14 Iowa, 2.92. This decision is not inconsistent with the judgment of this court in Rice, Stisc if Co. 0. Pcrluis, 40 Ar/.-., 157. For that was an attachment, before the debt was due, brought under section 437 of Gantt's Digest, which requires in terms the averment of fraud before the writ can issue. A more difiicult question arises upon the interest of Durr in the cotton, at the time of the levy. Hicks interpleaded for the cotton, claiming that it had been pledged to him as security for advances. But the court found that the property was subject to the attachment, and that Hicks had no lien upon it. The testimony is not seriously in conflict, and the result reached is rather a conclusion of law than a finding of facts. Durr was engaged in the business of buying cotton for speculation, but being without means of his own he obtained the money to pay...
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Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236798082
  • 9781236798084