'A: PAPAN . V. ' ARKANSA:g LIGHT -& WER CO. '855
PAPAN 2CAtt " ItANAS LIGHT &I POWER' COMPANY:. ; f: "r H • ; • ■■.1 . O ; pin , ien delive • r . e :; d Novemb ; er 16 1925. ;•• INTEREst-sTAY; , 9F .PR9CESS ON: JuDGMEThrT.—="Where Tart of , judgment was , stayed by ,order ,of the, court until , a ga7ishment , against the judgment-debtor should be disMissed, and the Ment-ereditor teek , n'o appeal from such oder, he cannot hold jUdgment jdebtor liable for "interest' en'the''amOunt. so stayed whelI e the latter' toaid the remainder , of-thejUdgment which WaS so , stayed as soon as , the garnishment was dismissed. ' P.iio'c'.ig.L=.(`Oui:-U have juCisiei.i .o:n. to re-• atrairi the issaii'ce r arid eiceebtion of th'eir own im jceSs: ' , -; .•, Appeal from .Prairie , Circuit Court; ; Southern, pis-; SATEMEiTT I OF'FACTS. ft 3 ' ThiS 'is 'ant 40i:cation' rbY' the ArkAnSaS'' Light Power Company to restrain . 3-Ohn '/C'Papan :out any, further • execntion On-the-judginent against it in the pircuit.. court. The material . facts, ,are • undisputed and` are as ; follows : ' On` . February 11; '1922; John Papani instituted an action against the `Arkanas Light &Tower Company in the : 'Circuit coUrt : to recoVer 'judgment - for $15;676. On the same' daY a: writ of 'garnishment was served npon the Arkansas Ligh-C& Power Compan in a dahe 'chancery cmirt- wherein the B ank, of Stuttgart :&CTriiSt Comphny was plaintiff and , "John A: . Papan was' the defendant..r writ of l 'garniShinent was i.Sktied befOre a Niecree• 'was : . had : in: the case 'and the statutorY bond re4uired . by laW.-waw -given. • " : In its anSWef Id the !Suit in the Circuit 6oiirt it. byiJohri A Span:the . .'Arkinka§ Light ' & Power -Corn-'nYst fact 'that it• had been garnished in ;the Snit above refer • re • d to,Th , n I t • Mad , e tende'r or"Offe.r . df paythent, 'and asked for rib' fdi-iddi• or . relief ' cif any kind against the garnishment; - Afthe March term; 1922,.•of Ithe 'circuit doUrt; Jelin A. Papan- recdvered , ' judgment against the , ArkanSas ,IAOA
.856 PAPAN V. ARKANSAS LIGHT , & ,POWER CO. [169 & PoWer , Conipany in the sum of $11428.94 . with interest from the date . of the rendition of the judgment until paid at the rate of' 8 iber cent. per annum. Ai the tithe the judgment :was rendered , -the. "garnishment' proceedings hi the :dliaii6eiY'clEinrt had nOf Veen dispOsed.Of . and a clairse was :inserted in ., the:Judgment -. Obtained ,by :Papan „against the 'Arkansas. ,Light : & • Power . -Company -in the . circuit court : which • reads as 'fcillowS ,: • • -- ••• -• , writ. of .garnishment bas, been. served .on the defendant. herein, on. February 11,. 1922,.. in A certain cause pending in the chancery court, Arkansas County, A:i-kariSaS whidh the 'Bank Of Stirttgait :& Ting Company is 'plaintiff,' arid -Jehri'Al.. PaPan theplaintiff' herein is defendant ; that no • execution shall- issue upon $6,000 9f the amount-dne -under this, judgment, until dismissal .9f:said writ of, garnishment." In, a short time affer the judgment • Was 'rendered against in •. the: circUit Hetkirt, the Arkansas. Power Company paid Papan the sum, of . $5 . ,128.94; leaving, due bira-on said judgment -a' balance ,of :$6,000: The chancery court . decided in Savor, of Papan in:the ..suit. in Which garnishment prOceedings were had, and this :operated to discharge :the .garnishinent. -, Thereupon the Ar- • 4cansas Light .& Power 'Company -Offered to .pay'-Papan A6.000 -"in, full .of !the . judg Ment agminSt. it in. his favor -it! the . -circuit court. .Pap.an ,declined accePt 'the $6.000 As full .payment i • but deinarided... 'interest At the ;rate ! of :8 per cent: ; Der annum frem :the -date- of the . judgment until the date of the.tender, ;Whichi- amounted ,to $906.65.. , Pa . pan then, accepted the payment .of $6,000 and gave, receipt for it expressly;stating that the 'payment .was without prejudice ;to- his ;claim for„interest .on,,the judgment. Papan then-caused An ; execution to be, issued ;out , of the circuit, court against . the Arkansas . Light & Power Cmnpany for the amount of • said . interest. • ' ...The . -Arkansas. Light..& Power COmpany filed its petition in.:the cireuit cburt, 'stating the facts above. set
ARK.] PAPAN V. ARKANSAS ;LIGHT & POWER CO.. 857' forth and asking:for an Injunction against , Papan to, restrain the levy of said execution. . ,s The :circuit court . issued . a temporary restraining order, and,, upon the final hearing of. the ,case; upon the/ facts stated above, expressed the opinion that the. remedy( of Papan for the collection of his said interest was upon the garnishment bond in the case of the:Bank, of Stutt-' gart & Trust Company against himself, and that he was not entitled:to recover the interest against the defendant Arkansas Light & Power Company. , . The temporary restraining order was made perpetual, 'and Papan , has duly prosecuted an :appeabto this. court. . : George C. Lewis, for appellant: John L. : Ingram, for 'appellee. HART; : J,. (after !stating the facts). The judgment of .the circuit court ,was correct. The. Bank of :Stutt-• gart & TrustCompany, sued out a • writ of garnishment against Arkansas Light & Power :COmpany in a case wherein, it was the plaintiff and John A. Papan was , the, defendant. . The garnishment proceedings caused the money owed by .the Arkan g as Light & PDwer Company. to Papan.in the sum of theamount'Sued for by the Stutt-. gart Bank & Trust Company to be; tied up: . This without the' fault of the Arkansas Light t, POwer :Company, for it co-uld do, nothing until a decree was rendered, in the case 'of the Bank of Stuttgart & Tnist 'Company; against John Papal), in which it was garnished: In the meantime John A. Papan recovered judginent against the Arkansas Light & Power Company in the sum of $11,128.94. The judgment recites the issuance of the garnishment in the case of which the Bank of Stuttgart & Trust Company is plaintiff and John A. Papan is defendant. It then provides that no execution shall issue upon $6,000 of the amount due under the judgment until the dismissal of the said writ of garnishment. This had the effect to withhold the payment of the $6,000 until the garnishment proceedings were disposed
858 PAPAN V. ARKANSAS LIGHT & POWER Co. [169 oL No appeal' was taken from this judgment. If Papan thought that that part. of the judgment holding .up the execution upon. $6,000 of the amount recovered by him was erroneous, he . should :have prosecuted ,an,:appeal to reverse the judgment in this respect: . Not having dOne so,- he can : not now complain that it was ,erroneous, if indeed it 'was. so: We can not 'perceive how the Arkansas Light. & Power Company could have done anything . in the gar-nishment proceedings which would have .helped . Papan any. If the garnishee had paid the money into the .cOurt, it:would not have 'been paid to Papan. It would have. been held in the registry of the court until the case was disposed of. As soon as the: Arkansas Light &. Power Company was released in: the garnishment `.proceedings by:the decree of the chancery court,. it tendered . the amount tied up in the garnishment proceedings to Papan. 'Under the terms of the . judgment inIthe circuit court Papan had no right . to lan i execution ' until the dismissal of the writ . of garnishment. It was his duty •to . have acCepted the $6,000 in full payment of his ,jUdgment, and. under the' circumstances Of the case he was not entitled to an execution% 'against the . Arkansas Light Power Oompano i for 'the interest claimed . by him. ., :The cireuit court had 'hitherent jurisdictiOn over. process issued out of it§ court, and the order . restraining Papan.from issning the exeCution againSt the . Arkansas Light & Power Company'was properly granted. -The 'judgment will therefore be affirmed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.