Arkansas Code Annotated
Ark. Code Ann. § 16-110-118 (2020)
Motion to discharge before term of court
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
- On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to the provisions of §§ 16-110-101, 16-110-102, 16-110-105 — 16-110-113, 16-110-115 — 16-110-117, 16-110-119, 16-110-121, 16-110-122, 16-110-126, 16-110-127, 16-110-129, 16-110-131 — 16-110-136, and 16-110-139.
- The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff.
History. Civil Code, § 285; C. & M. Dig., § 574; Pope's Dig., § 611; A.S.A. 1947, § 31-128.
Case Notes
Constitutionality.
Absent a judge's participation or supervision, there is a significant risk that a writ of attachment will be issued even though the statutory attachment procedures have not been met; this expressly overrules Springdale Farms, Inc. v. McIlroy Bank & Trust, 281 Ark. 371, 663 S.W.2d 936 (1984), which held that the issue of prejudgment attachments by the clerk met the “safeguards test” and satisfied due process. McCrory v. Johnson, 296 Ark. 231, 755 S.W.2d 566 (1988).
Notes of Decisions
Cited in 1
case, 1988–1988 · leading case: McCrory v. Johnson, 755 S.W.2d 566 (Ark. 1988).
McCrory v. Johnson, 755 S.W.2d 566 (Ark. 1988). “1962) [ Ark. Code Ann. § 16-110-117 (1987)]; (2) can, upon reasonable notice to the plaintiff, move at any time to discharge the attachment under Ark.”
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