Gill v. Middleton
Cases that cite this one
2 later published cases cite this decision.
- Forehand v. American Collection Service, Inc. (Ark. 1991)
- Galion Iron Works & Manufacturing Co. v. Russell (United States District Court for the Western District of Arkansas 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellee instituted garnishment proceedings against the appellant, as administrator, before a justice of the peace, and obtained judgment. This judgment was presented to the probate court for allowance and classification against the estate of which appellant was the administrator. The claim was disallowed, and the appellee appealed to the circuit court, where he obtained judgment, from which this appeal was prosecuted.
An administrator is not subject to garnishment. The proceedings before the justice — the basis of this, action — were coram non judice, and void. Fowler v. McClelland, 5 Ark. 188; Thorn v. Woodruff, 5 Ark. 55; Const. Ark. art. 7, sec. 34; 8 Am. & Eng. Enc. of Law, 1138; Drake on Attachments, sec. 492 et seq.; 2 Wade on Att. sec. 425, 426; Kneeland on Att. sec. 416.
Reversed, and judgment here for appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.