reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 3 - ACCOUNTANTS AND ATTORNEYS (§§ 16-114-301 — 16-114-303) › Section 16-114-302 - Liability of accountants

No person, partnership, or corporation licensed or authorized to practice under the Public Accountancy Act of 1975, §
17-12-101
et seq., or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by such person, partnership, or corporation, except for:
(1)
Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or
(2)
Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation:
(A)
Identifies in writing to the client those persons who are intended to rely on the services; and
(B)
Sends a copy of the writing or similar statement to those persons identified in the writing or statement,
then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with such person, partnership, or corporation.
Acts 1987, No. 661, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 3 - ACCOUNTANTS AND ATTORNEYS (§§ 16-114-301 — 16-114-303) › Section 16-114-303 - Liability of attorneys

No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by the person, partnership, or corporation, except for:
(1)
Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or
(2)
Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation:
(A)
Identifies in writing to the client those persons who are intended to rely on the services; and
(B)
Sends a copy of the writing or similar statement to those persons identified in the writing or statement,
then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.
Acts 1987, No. 661, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 4 - PROTECTING MINORS FROM MEDICAL MALPRACTICE ACT OF 2023 (§§ 16-114-401 — 16-114-403) › Section 16-114-401 - Definitions

As used in this subchapter:
(1)
(A)
"Gender transition procedure" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to:
(i)
Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or
(ii)
Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.
(B)
"Gender transition procedure" does not include:
(i)
Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;
(ii)
Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;
(iii)
The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or
(iv)
Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;
(2)
"Healthcare professional" means the same as defined in §
20-9-1501
;
(3)
"Mental health professional" means a psychiatrist or psychologist licensed, certified, or otherwise authorized by the laws of this state to administer mental health care in the ordinary course of the practice of his or her profession;
(4)
"Minor" means an individual who is younger than eighteen (18) years of age; and
(5)
"Public funds" means the same as defined in §
20-9-1501
.
Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 114 - MALPRACTICE ACTIONS (§§ 16-114-201 — 16-114-403) › Subchapter 4 - PROTECTING MINORS FROM MEDICAL MALPRACTICE ACT OF 2023 (§§ 16-114-401 — 16-114-403) › Section 16-114-402 - Right of action

(a)
A healthcare professional who performs a gender transition procedure on a minor is liable to the minor if the minor is injured, including without limitation any physical, psychological, emotional, or physiological injury, by the gender transition procedure, related treatment, or the after effects of the gender transition procedure or related treatment.
(b)
(1)
A minor injured as provided under subsection (a) of this section, or a representative of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure, including without limitation a parent or legal guardian of a minor injured as provided under subsection (a) of this section who receives a gender transition procedure acting on behalf of the minor, may bring a civil action against the healthcare professional who performed the gender transition procedure on the minor in a court of competent jurisdiction for:
(A)
Declaratory or injunctive relief;
(B)
Compensatory damages;
(C)
Punitive damages; and
(D)
Attorney's fees and costs.
(2)
A civil action under subdivision (b)(1) of this section shall be filed not later than fifteen (15) years after the date on which the minor turns eighteen (18) years of age, or would have turned eighteen (18) years of age if the minor died before turning eighteen (18) years of age.
Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Writ of mandamus" means an order of the circuit court granted upon the petition of an aggrieved party or the state when the public interest is affected, commanding an executive, judicial, or ministerial officer to perform an act or omit to do an act, the performance or omission of which is enjoined by law; and
(2)
"Writ of prohibition" means an order of the circuit court to an inferior court or tribunal, prohibiting it from proceeding in a cause or matter over which it has no jurisdiction.
Acts 1939, No. 54, §§ 2, 3; A.S.A. 1947, §§ 33-102, 33-103; Acts 2003, No. 1185, § 236.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-102 - Jurisdiction

The circuit court shall have power to hear and determine petitions for the writ of mandamus and writ of prohibition and to issue such writ of mandamus and writ of prohibition to all inferior courts, tribunals, and officers in its respective jurisdiction.
Acts 1939, No. 54, § 1; A.S.A. 1947, § 33-101; Acts 2003, No. 1185, § 236.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-103 - Precedence of petitions over other actions

Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily.
Acts 1939, No. 54, § 4; A.S.A. 1947, § 33-104.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-104 - Hearings - Necessity - Time

(a)
It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted.
(b)
In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application.
Acts 1939, No. 54, § 6; A.S.A. 1947, § 33-106; Acts 1991, No. 582, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-105 - Notice of hearing

(a)
Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction.
(b)
The notice shall state the style of the court, the docket number of the action or proceeding, the date and place of hearing, and the relief sought.
(c)
The sufficiency of the notice shall be a question for the court.
Acts 1939, No. 54, § 5; A.S.A. 1947, § 33-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-106 - Answer

The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable relief shall be speedily granted.
Acts 1939, No. 54, § 7; A.S.A. 1947, § 33-107.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-107 - Determination of petition

The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken.
Acts 1939, No. 54, § 8; A.S.A. 1947, § 33-108.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-108 - Interlocutory orders

During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.
Acts 1939, No. 54, § 9; A.S.A. 1947, § 33-109.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 115 - MANDAMUS AND PROHIBITION (§§ 16-115-101 — 16-115-109) › Section 16-115-109 - Appeals by state

Where the interest or rights of the state or the public is affected by a writ of mandamus or writ of prohibition, the prosecuting attorney or Attorney General may appeal without giving security for costs.
Acts 1939, No. 54, § 10; A.S.A. 1947, § 33-110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 1 - GENERAL PROVISIONS (§ 16-116-101) › Section 16-116-101 - Liability of supplier

(a)
A supplier of a product is subject to liability in damages for harm to a person or to property if:
(1)
The supplier is engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product;
(2)
The product was supplied by him or her in a defective condition that rendered it unreasonably dangerous; and
(3)
The defective condition was a proximate cause of the harm to a person or to property.
(b)
The provisions of subsection (a) of this section apply although the claiming party has not obtained the product from or entered into any contractual relation with the supplier.
(c)
(1)
Any licensee under §
17-42-103(7)(A)
who is only providing brokerage and sales services under his or her license shall not be considered a supplier under this section.
(2)
(A)
Except as provided in subdivisions (c)(2)(B) and (C) of this section, real estate and improvements located on real estate shall not be considered a product under this section.
(B)
Any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement on real estate shall be considered a product under this section.
(C)
If environmental contaminants exist or have occurred in an improvement on real estate, the improvement on real estate shall be considered a product under this section.
Acts 1973, No. 111, §§ 1, 2; A.S.A. 1947, §§ 85-2-318.2, 85-2-318.3; Acts 2007, No. 316, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-201 - Title

This subchapter may be cited as the "Arkansas Product Liability Act of 1979".
Acts 1979, No. 511, § 1; A.S.A. 1947, § 34-2801.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-202 - Definitions

As used in this subchapter:
(1)
"Anticipated life" means the period over which the product may reasonably be expected to be useful to the user as determined by the trier of facts;
(2)
"Defective condition" means a condition of a product that renders it unsafe for reasonably foreseeable use and consumption;
(3)
"Manufacturer" means the designer, fabricator, producer, compounder, processor, or assembler of any product or its component parts;
(4)
"Product" means any tangible object or goods produced, excluding real estate and improvements located thereon. Provided, any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement thereon shall constitute a product under this subchapter. Provided further, an improvement on real estate shall constitute a product in the event that environmental contaminants exist or have occurred in the improvement;
(5)
"Product liability action" includes all actions brought for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labeling of any product;
(6)
(A)
"Supplier" means any individual or entity engaged in the business of selling a product, whether the sale is for resale or for use or consumption.
(B)
"Supplier" includes a retailer, wholesaler, or distributor and also includes a lessor or bailor engaged in the business of leasing or bailment of a product.
(C)
"Supplier" does not include any licensee, as the term is defined in §
17-42-103
, who is providing only brokerage and sales services under a license; and
(7)
(A)
"Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product, assuming the ordinary knowledge of the community or of similar buyers, users, or consumers as to its characteristics, propensities, risks, dangers, and proper and improper uses, as well as any special knowledge, training, or experience possessed by the particular buyer, user, or consumer or which he or she was required to possess.
(B)
However, as to a minor, "unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by an ordinary and reasonably careful minor considering his or her age and intelligence.
Acts 1979, No. 511, § 2; A.S.A. 1947, § 34-2802; Acts 2007, No. 315, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-203 - Limitation on actions

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs.
Acts 1979, No. 511, § 3; A.S.A. 1947, § 34-2803.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-204 - Considerations for trier of fact

(a)
(1)
In determining the liability of the manufacturer, the state of scientific and technological knowledge available to the manufacturer or supplier at the time the product was placed on the market, rather than at the time of the injury, may be considered as evidence.
(2)
Consideration may also be given to the customary designs, methods, standards, and techniques of manufacturing, inspecting, and testing by other manufacturers or sellers of similar products.
(b)
The provisions of this section shall not apply to an action based on express warranty or misrepresentation regarding the product.
Acts 1979, No. 511, § 5; A.S.A. 1947, § 34-2805.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-205 - Defenses generally

(a)
Compliance by a manufacturer or supplier with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards of design, inspection, testing, manufacture, labeling, warning, or instructions for use of a product shall be considered as evidence that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards.
(b)
Supplying of a product after its anticipated life may be considered as a defense by the manufacturer as between the manufacturer and supplier if the product is supplied after the expiration date placed on the product by the manufacturer as required by law.
(c)
Use of a product beyond its anticipated life by a consumer where the consumer knew or should have known the anticipated life of the product may be considered as evidence of fault on the part of the consumer.
Acts 1979, No. 511, § 4; A.S.A. 1947, § 34-2804.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-206 - Evidence of alterations

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or supplier but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance, or abnormal use, such conduct may be considered as evidence of fault on the part of the user.
Acts 1979, No. 511, § 7; A.S.A. 1947, § 34-2807.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 2 - ARKANSAS PRODUCT LIABILITY ACT OF 1979 (§§ 16-116-201 — 16-116-207) › Section 16-116-207 - Supplier's remedy

A supplier of a defective product who was not the manufacturer shall have a cause of action for indemnity from the manufacturer of a defective product arising from the supplying of the defective product.
Acts 1979, No. 511, § 6; A.S.A. 1947, § 34-2806.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 3 - FIREARMS AND AMMUNITION (§§ 16-116-301 — 16-116-303) › Section 16-116-301 - Proximate cause

(a)
In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition.
(b)
The manufacturer's, importer's, or distributor's mere placement of a firearm, a nonpowder gun, or ammunition into the stream of commerce shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a person's use of the firearm, the nonpowder gun, or ammunition.
(c)
Even if the accidental discharge of the firearm or nonpowder gun is found to be foreseeable, the manufacturer's, importer's, or distributor's mere placement of the firearm or nonpowder gun in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause in a product liability action concerning the accidental discharge of a firearm or nonpowder gun.
Acts 2003, No. 935, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 3 - FIREARMS AND AMMUNITION (§§ 16-116-301 — 16-116-303) › Section 16-116-302 - Limitations on actions - Award of fees

(a)
A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm, a nonpowder gun, or ammunition unless the action alleges that the physical or emotional injury, physical damage, or death was caused by the intentional or negligent discharge of a firearm, a nonpowder gun, or ammunition by the manufacturer, importer, or dealer.
(b)
A firearm, a nonpowder gun, or ammunition manufacturer, importer, or dealer shall not be held liable as a third party for the actions of another person involving the use of a firearm, a nonpowder gun, or ammunition in any cause of action.
(c)
(1)
The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or subsection (b) of this section.
(2)
Upon dismissal under this subsection, the court shall award reasonable attorney's fees, in addition to costs, to each named defendant against whom the cause of action is dismissed.
(d)
(1)
Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state law or rule or federal law or regulation.
(2)
In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or rule or federal law or regulation.
Amended by Act 2019, No. 315,§ 1321, eff. 7/24/2019.
Acts 2003, No. 935, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 116 - PRODUCTS LIABILITY (§§ 16-116-101 — 16-116-303) › Subchapter 3 - FIREARMS AND AMMUNITION (§§ 16-116-301 — 16-116-303) › Section 16-116-303 - Applicability

Nothing contained in this subchapter shall bar recovery by a plaintiff in a cause of action in which the plaintiff proves that the proximate cause of the injury, damage, or death was:
(1)
A defective firearm, a defective nonpowder gun, or defective ammunition that caused the firearm, nonpowder gun, or ammunition to be at variance with its design; or
(2)
A defectively designed firearm, a defectively designed nonpowder gun, or defectively designed ammunition that did not function in the manner reasonably expected by the ordinary consumer of the firearm, nonpowder gun, or ammunition.
Acts 2003, No. 935, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-203 - Actions by receivers - Employment of attorneys

In all cases where it is necessary or proper for a receiver to collect debts by suit, he or she may sue in his or her own name, but all moneys collected by the receiver shall be accounted for and paid into court or be subject to the order of the court. The receiver shall have power to employ attorneys and make to them a reasonable allowance for services. The attorneys shall be paid out of the funds collected by the receiver.
Acts 1857, § 5, p. 164; C. & M. Dig., § 8604; Pope's Dig., § 11182; A.S.A. 1947, § 36-105.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-205 - Appointment for corporation, copartnership, or joint-stock company - Powers and duties

(a)
Whenever, in any case, a receiver is appointed for a corporation or its trustees, any copartnership, or joint-stock company, and the order or decree of the court is that the lands, tenements, goods, chattels, funds, assets, moneys, credits, choses in action, rights and interests of every kind, name, and nature, either in law or equity, or any part thereof, belonging to the corporation or its trustees, a copartnership or joint-stock company, be placed in the hands of the receiver, from thenceforward until the further order or decree of the court, the receiver shall have full possession, custody, and control thereof, and shall be vested with the title, so far as it shall be necessary to collect debts, preserve the assets and property for the benefit of creditors, and all persons interested. The receiver may, and shall, bring and prosecute and defend all suits in his or her own name that may be necessary for that purpose.
(b)
In all suits which may be pending in any court, prosecuted by or brought against such corporation, trustees, copartnership, or joint-stock company or in which either may be interested, the receiver may be substituted as a party, on his or her own application, without process or revivor. He or she shall prosecute or defend the suit with the same effect as the original parties might or could do, and suits may progress against him or her by substitution in the same manner.
Acts 1857, §§ 7, 8, p. 164; C. & M. Dig., §§ 8606, 8607; Pope's Dig., §§ 11184, 11185; A.S.A. 1947, §§ 36-107, 36-108.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-206 - Cases between individuals

The provisions of §§
16-117-204
and
16-117-205
shall apply to cases between individuals, with like effect, as declared in §§
16-117-204
and
16-117-205
.
Acts 1857, § 9, p. 164; C. & M. Dig., § 8608; Pope's Dig., § 11186; A.S.A. 1947, § 36-109.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-207 - Receivers pendente lite generally

(a)
In an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners or others jointly owning or interested in any property or fund, on the application of plaintiff or of any party whose right to or interest in the property or fund or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured, the court may appoint a receiver to take charge thereof during the pendency of the action, and may order and coerce the delivery of the property to him or her.
(b)
No party or attorney, or person interested in an action, shall be appointed receiver therein.
(c)
Before entering upon his or her duties, the receiver must be sworn to perform them faithfully. With one (1) or more sureties approved by the court, he or she shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.
(d)
The receiver has, under the control of the court, power to bring and defend actions, to take and keep possession of the property, to receive rents, collect debts, and generally do such acts respecting the property as the court may authorize.
Civil Code, §§ 323, 325-327; C. & M. Dig., §§ 8611, 8613-8615; Pope's Dig., §§ 11189, 11191-11193; A.S.A. 1947, §§ 36-112, 36-114 -- 36-116.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-208 - Receiver to preserve mortgaged property

In an action by a mortgagee for the foreclosure of his or her mortgage, and the sale of the mortgaged property, a receiver may be appointed where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed and that the property is probably insufficient to discharge the mortgage debt. However, no receiver shall be appointed at the instance of the holder of the mortgage where it appears that the debtor or mortgagor has mortgaged his or her crops, or his or her interest therein, for the purpose of obtaining money or supplies for the making of the crop or waived his or her rents for that purpose, and that the mortgage debt or the consideration for the waiver of rents has not been repaid.
Acts 1931, No. 253, § 1; Pope's Dig., §§ 9469, 11190, A.S.A. 1947, § 36-113.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-209 - Reports and accounts

(a)
(1)
Receivers shall make report of their proceedings every six (6) months, or more often if required by the court.
(2)
The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means.
(b)
Receivers shall have credit for all taxes, expenses, attorney's fees, and necessary disbursements, in the execution of their trusts, and such reasonable and proper compensation for their own services as the court may allow, to be paid out of the trust fund as part of the costs and expenses.
(c)
(1)
The court shall pass on their accounts.
(2)
A confirmation of the accounts shall be conclusive against all persons whatsoever and not subject to be reinvestigated, except for actual fraud.
Acts 1857, § 11, p. 164; C. & M. Dig., § 8610; Pope's Dig., § 11188; A.S.A. 1947, § 36-111; Acts 2003, No. 1185, § 237.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 2 - APPOINTMENT AND POWERS OF RECEIVER GENERALLY (§§ 16-117-201 — 16-117-210) › Section 16-117-210 - Removal

Receivers and others appointed who are subject to the provisions of §§
16-117-203
,
16-117-205
,
16-117-206
, and
16-117-209
, and this section, may be removed at any time by the court when it satisfactorily appears that they have failed to discharge any duty incumbent on them or for other sufficient cause. This may be done upon the motion of any person interested either as party, creditor, or otherwise.
Acts 1857, § 10, p. 164; C. & M. Dig., § 8609; Pope's Dig., § 11187; A.S.A. 1947, § 36-110; Acts 2003, No. 1185, § 237.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-301 - Complaint to be declared insolvent - Appointment of receiver

Any insolvent debtor may file in the circuit court of the county in which he or she resides a complaint in which one (1) or more of his or her creditors shall be made defendants, asking to be declared an insolvent, and asking for the appointment of a receiver to take charge of his or her property and distribute the property among his or her creditors. Upon the filing of the petition, the court shall appoint a receiver.
Acts 1897 (Ex. Sess.) No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201; Acts 2003, No. 1185, § 238.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-302 - Delivery of property - Selection of exempt property

(a)
When the receiver has been qualified, the debtor shall turn over to the receiver all of his or her property. For the real estate he or she shall execute, acknowledge, and deliver to the receiver a proper deed of conveyance.
(b)
The debtor shall be allowed by the court to select and reserve whatever property may be allowed to him or her by law as exempt from execution.
Acts 1897 (Ex. Sess.), No. 48, § 1, p. 115; C. & M. Dig., § 5885; Pope's Dig., § 7607; A.S.A. 1947, § 36-201.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-303 - List of creditors furnished - Notice

The debtor shall furnish the names and addresses of his or her creditors, who shall be notified by mail and also by order of publication of the filing of the complaint.
Acts 1897 (Ex. Sess.), No. 48, § 3, p. 115; C. & M. Dig., § 5887; Pope's Dig., § 7609; A.S.A. 1947, § 36-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-304 - Attachments - Intervention by receiver - Dismissal and return of property

The receiver shall intervene in every case in which the property of the insolvent debtor has, within ten (10) days before the filing of the petition, been attached. Upon the receiver's motion, every such attachment shall be dissolved and the attached property shall be turned over to the receiver upon the payment by the receiver of all costs which have accrued in the attachment suit.
Acts 1897 (Ex. Sess.), No. 48, § 2, p. 115; C. & M. Dig., § 5886; Pope's Dig., § 7608; A.S.A. 1947, § 36-202.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-305 - Receiver to convert property into money

As soon as the receiver shall have taken the property into his or her custody, he or she shall proceed under the direction of the court, or of the judge, in vacation, to convert the property into money.
Acts 1897 (Ex. Sess.), No. 48, § 4, p. 115; C. & M. Dig., § 5888; Pope's Dig., § 7610; A.S.A. 1947, § 36-204.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-306 - Distribution of funds

(a)
Upon the final hearing, the court, after deducting the cost and paying all public taxes, shall order the proceeds to be distributed among the creditors in the order and with the following preferences:
(1)
The salaries of employees earned within three (3) months and all laborers' wages shall be paid first;
(2)
After making the payments provided for in subdivision (a)(1) of this section, the funds in hand shall be applied pro rata towards the payment of the claims of all creditors who shall, before the making of the order of distribution, file in the court a stipulation for the use of the debtor to the effect that in consideration of the preference to be thus obtained, the debtor shall be acquitted of all further liability in personam to such creditor; and
(3)
After making the payments provided for in subdivision (a)(2) of this section, the remainder of the funds, if any, shall be paid and distributed equally among the other creditors.
(b)
If the action or proceeding is commenced within twelve (12) months from the filing of the stipulation provided for in subdivision (a)(2) of this section, the stipulation shall not be held or construed to affect or impair the right of the creditor to collect the remainder of his or her claim, if any, from any other person who is bound to him or her therefor, or to enforce any other security he or she may have for his or her claim, nor shall the stipulation be held to constitute a bar to any action brought or proceeding taken against the debtor for the balance of his or her debt, if the creditor proves that the debtor was guilty of fraud in obtaining the stipulation either by withholding his or her property from the receiver or otherwise.
(c)
Any creditor having a lien upon any of the debtor's property for his or her claim shall be required to make a proper deduction for the value of his or her security before participating in the distribution of the general assets of the debtor.
(d)
Except as to the creditors of the first class, as enumerated in subsection (a) of this section, no order for the distribution of the funds among the creditors shall be made within ninety (90) days from the first day of the publication of the order provided for in §
16-117-303
.
Acts 1897 (Ex. Sess.), No. 48, §§ 4-6, 8, p. 115; C. &. M. Dig., §§ 5888-5890, 5892; Pope's Dig., §§ 7610-7612, 7614; A.S.A. 1947, §§ 36-204 -- 36-206, 36-208.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 3 - PETITION BY INSOLVENT DEBTOR (§§ 16-117-301 — 16-117-307) › Section 16-117-307 - Insolvent partnerships

In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individual property shall be administered separately, according to the rules of equity.
Acts 1897 (Ex. Sess.), No. 48, § 7, p. 115; C. & M. Dig., § 5891, Pope's Dig., § 7613; A.S.A. 1947, § 36-207.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-401 - Assignee to take possession of property - Inventory - Bond to be given

(a)
In all cases in which any person makes an assignment of his or her property for the benefit of his or her creditors, it shall be the duty of the assignee named in the deed of assignment to take immediate possession of the property for the purpose of making an inventory and description of the property and for the care and preservation of the property.
(b)
Within ten (10) days after taking possession of the property, the assignee shall file with the clerk of the circuit court a full, true, and complete inventory and description of the property together with his or her bond in double the amount of the supposed value of the property with good security, to be approved by the clerk of the circuit court, which bond shall be conditioned that the assignee shall faithfully execute the trust confided to him or her under the provisions of the deed of assignment, and the order of the circuit court.
Acts 1895, No. 109, § 1, p. 162; C. & M. Dig., § 486; Pope's Dig., § 523; A.S.A. 1947, § 36-301; Acts 2003, No. 1185, § 239.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-402 - Actions contesting assignment

(a)
All proceedings for the purpose of contesting the validity of the assignment shall be instituted within six (6) months from the date of the assignment, by filing complaint in the circuit court of the proper county, setting forth the grounds upon which the assignment is contested.
(b)
Any creditor or person interested in the execution of the assignment may be made parties plaintiff or defendant to the proceeding.
(c)
If, for any cause, the assignment is declared void, the assignment shall then be considered and treated as a general assignment of all his or her property, not exempt from execution, for the benefit of all his or her creditors pro rata. The property shall be disposed of and distributed for their benefit under the orders and direction of the circuit court. The assignee shall become subject to the control and direction of the circuit court in the same manner as if he or she had been appointed a receiver to take charge of the fund in circuit court.
Acts 1895, No. 109, § 3, p. 162; C. & M. Dig., § 489; Pope's Dig., § 526; A.S.A. 1947, § 36-304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 117 - RECEIVERSHIP (§§ 16-117-201 — 16-117-407) › Subchapter 4 - ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 16-117-401 — 16-117-407) › Section 16-117-403 - Contest of assignment due to fraud

Any assignment for the benefit of creditors may be contested or attacked for fraud by any creditors. Proof of fraud on the part of the assignor shall be sufficient to invalidate the assignment, whether the assignee knew of it or not.
Acts 1887, No. 101, § 1, p. 194; C. & M. Dig., § 488; Pope's Dig., § 525; A.S.A. 1947, § 36-303.