Heffner v. Day

Supreme Court of Arkansas

Heffner v. Day

14 S.W. 1090, 54 Ark. 79, 1891 Ark. LEXIS 2

CourtSupreme Court of Arkansas

DecidedJanuary 3, 1891

StatusPublished

Cited by3 cases

This text of 14 S.W. 1090 (Heffner v. Day) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heffner v. Day, 14 S.W. 1090, 54 Ark. 79, 1891 Ark. LEXIS 2 (Ark. 1891).

Pincite

Opinion

Per Curiam.

What is a final The decree is not a final disposition of the whole controversy as to the appellant. There is no ascertainment of the amount of the debts due the attaching creditors, who the court has indicated shall be preferred to the appellant in the distribution of the assets, and there is no direction to pay out any sum. For aught that appears, the appellant’s debt may be paid out of the property covered by the assignment; and if so, no injury has been done. The appeal is premature. Myers v. Becker, 95 N. Y., 486; Davie v. Davie, 52 Ark., 224. The motion to dismiss the appeal will be granted.

It is so ordered.

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Per Curiam.

What is a final The decree is not a final disposition of the whole controversy as to the appellant. There is no ascertainment of the amount of the debts due the attaching creditors, who the court has indicated shall be preferred to the appellant in the distribution of the assets, and there is no direction to pay out any sum. For aught that appears, the appellant’s debt may be paid out of the property covered by the assignment; and if so, no injury has been done. The appeal is premature. Myers v. Becker, 95 N. Y., 486; Davie v. Davie, 52 Ark., 224. The motion to dismiss the appeal will be granted.

It is so ordered.

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Bluebook (online)

14 S.W. 1090, 54 Ark. 79, 1891 Ark. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heffner-v-day-ark-1891.

Opinion

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