49 Ark. 58 | Ark. | 1886
A judgment creditor of J. C. Byrd sued out an execution, which came to the hands of the Sheriff on the 24th of August, 1885. The writ was levied September 22d on a lot of lumber which belonged to J. C. Byrd & Co., a saw-mill firm, composed, of the judgment debtor and one Cayton. But on the day before such levy the firm had sold the lumber to Harris, one of their employes, in payment of wages due him. Harris accordingly brought replevin against the Sheriff.
The view taken by the Circuit Judge, as disclosed by his charge, and his refusal of requests to charge, was, that the execution was a lien on Byrd’s share of the partnership effects from the time of its receipt by the Sheriff. And the verdict and judgment were for the defendant. A motion for a new trial, which alleges, amongst other grounds, misdirection of the jury, was denied.
Reversed and remanded for a new trial.