Southern Orchard Planting Co. v. Gore
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; In replevin, where bond is not executed by the defendant within two days, it is -the duty of the constable or -sheriff to deliver the property to the plaintiff. Kirby’s Digest, § 6863. From the moment of seizure by the sheriff or constable the propérty taken in .replevin is in custodia legis, and the officer serving the process is responsible for its safekeeping. 77 Ark. 497; Cobbey on Rep. § 706; 10 Pet.
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Appeal from Sevier Circuit Court; James S. Steel, Judge; In replevin, where bond is not executed by the defendant within two days, it is -the duty of the constable or -sheriff to deliver the property to the plaintiff. Kirby’s Digest, § 6863. From the moment of seizure by the sheriff or constable the propérty taken in .replevin is in custodia legis, and the officer serving the process is responsible for its safekeeping. 77 Ark. 497; Cobbey on Rep. § 706; 10 Pet. (U. S-) 40. After seizure of the property, the officer became privy to the prosecution of the suit, -and could only exempt himself…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellant against R. B. Gore and the sureties on his official bond as constable to recover the value of a bale of cotton alleged to be the property of the plaintiff. It is alleged in the complaint that the plaintiff had instituted an action in replevin before a justice of the peace against one Harris for the recovery of a bale of cotton, and had caused an order of delivery to be issued in due form and delivered to the constable. The complaint then proceeds as follows:
“That, in the execution of said order of delivery, the said R. B. Gore, as constable aforesaid,…
2Cases cited2 opinions
- Hearn v. AyresSupreme Court of Arkansas · 1906
- State v. StephensSupreme Court of Arkansas · 1853
3Cited by5 opinions
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- Lott v. PorterSupreme Court of Arkansas · 1910
- Simms v. TingleSupreme Court of Arkansas · 1960
- Simms v. TingleSupreme Court of Arkansas · 1960