¶1The court erred in holding the language of the affidavit to the schedule insufficient in that it failed to state that the debt sued for was by contract. We think it could mean nothing else. For this error the judgment is reversed, and the cause remanded for further proceedings to ascertain from the facts whether or not the defendant is entitled to bis exemptions.
64 Ark. 196
Huffman v. Thompson
Decided June 19, 1897
Supreme Court of Arkansas · decided 1897-06-19
Jephtha H. Evans, Judge. Thompson sued Huffman upon a note not due, and procured an attachment to be issued, which was levied upon property of defendant. Judgment was taken by default. Subsequently defendant filed a schedule claiming the property exempt, alleging “that the attachment is for debt not due upon contract.” The circuit court disallowed the exemption sought, upon the ground that the schedule failed to show that the attachment was for a debt by contract.
Decided 1897-06-19