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52 Ark. 91

Birdsong v. Tuttle

Supreme Court of Arkansas

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

- C. E. Mitchel, Judge. In this action, which was begun in a justice’s court upon an account for house rent, the plaintiff obtained an order of attachment on the ground that the defendant was a nonresident of this State. The St. L., I. M. & S. Ry. was summoned as garnishee, and answered that at the time the writ of garnishment was served, it was indebted to the defendant in the sum of $78.05. On appeal to the Circuit Court, the plaintiff recovered a judgment for his debt.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

How this case has been cited

Cited by 3 later decisions — most recently December 1984

2 state decisions

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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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Per Curiam.

¶1Exemption: Domicile Garnishment A person temporarily residing in another State, who has a domicile in this State,-may claim his exemption of personal property from sale under process, under Sec. 1, Art. 9, of the Constitution of 1874.

¶2The provision is remedial and should be liberally construed. St. L., I. M. & S. Ry. Co. v. Hart, 38 Ark., 112. The word resident should be accepted in its broader sense.

¶3The act of November 27, 1875, gives no right not granted by this clause, and is constitutional. Winter & Co. v. Simpson et al., 42 Ark., 410.

¶4The judgment is affirmed.

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