Hartley v. Tunstall
Supreme Court of Arkansas
Ekkok to Pulaski Circuit Court. The plaintiff, in an action of debt instituted in the Circuit Court of Pulaslp, declared against Thomas T. Tunstall, of the county of Independence, and Richard C. Byrd and George Waring, of the county of Pulaski, and sued out two separate writs of summons, each against all the defendants, one to the Sheriff of Pulaski, and the otlier to the Sheriff of Independence, both of which were executed more than thirty days before the return day; the…
Read the full summary
Ekkok to Pulaski Circuit Court. The plaintiff, in an action of debt instituted in the Circuit Court of Pulaslp, declared against Thomas T. Tunstall, of the county of Independence, and Richard C. Byrd and George Waring, of the county of Pulaski, and sued out two separate writs of summons, each against all the defendants, one to the Sheriff of Pulaski, and the otlier to the Sheriff of Independence, both of which were executed more than thirty days before the return day; the former on Byrd and Waring in Pulaski, the latter on Tunstall in Independence. At the return term, Tunstall, before either…
1Opinion of the CourtRingo, Chief Justice
The question as to the validity of these writs depends mainly upon the construction to be given to 5th sec. of the 116th chap. of the Rev. St. Ark., which provides, that “ where there are several defendants in a suit, instituted by summons or capias, and they reside in different counties, suit may be brought in either of such counties, and a separate writ may be issued to each county against such of the defendants as reside therein; and when a defendant in a suit instituted by attachment has property in several counties, separate writs of attachment may be issued to each county; and when…
2Cited by2 opinions
- Pool v. LoomisSupreme Court of Arkansas · 1843
- Haines v. McCormickSupreme Court of Arkansas · 1844