Collins v. Lightle

Decided November 15, 1887

Supreme Court of Arkansas · decided 1887-11-15

M. T. Sanders, Judge, STATEMENT. The defendant-, J. J. Ward, doing business as a druggist, in Searcy, under the firm name of J. J. Ward & Bro., to secure a debt of $762,76 which he owed the Collins Bros. Drug Company of St. Louis, Mo., executed a mortgage on his stock and fixtures for $1,100 which was recorded on the 1st of March, 1886.

Relies on Fink v. Ehrman Bros.

Good law ✅— No negative treatment on recordhow we know

Decided 1887-11-15

How this case has been cited

Cited by 4 later decisions — most recently April 1974

1 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1-■OPINION.

CocKRiLL, C. J.

¶2In view of the principles announced in Fink v. Ehrman Bros., 44 Ark. 310, and Gauss Sons v. Doyle & Co., 46 Id. 122, we cannot say that the circuit judge who heard the evidence .and tried the issue, was not warranted in sustaining the attachment. The •question was one of fact, and upon the authority of those cases, the courts conclusion may be easily justified.

¶3There is no evidence in the record to sustain the con-, fention that the plaintiffs in the attachment induced Ward to execute the mortgage .. . ,,. . ,

¶4Hicks appears clearly and unequivocally as plaintiff; in. the body or the complaint. It isimmaterial that his name,, •does not appear in the caption. If others, who were supposed to be interested in tbe notes sued on with him, were improperly joined" as plaintiffs, the objection should have been made in proper time in the trial court.. In no event did it concern the interpleader, Collins. Sannoner v. Jacobson, 47 Ark., 31.

¶5Affirm.