Johnston v. Pennington
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. J. I. Pennington brought this suit in the circuit court against Sid Johnston and John B. Williams for the conversion of two horses of. the value of $125. The plaintiff in his own behalf testified as follows: “I am the owner of the two horses involved in this controversy. On the 4th day of February, 1910, they strayed from my place at Greenwood, Sebastian County, Arkansas.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. J. I. Pennington brought this suit in the circuit court against Sid Johnston and John B. Williams for the conversion of two horses of. the value of $125. The plaintiff in his own behalf testified as follows: “I am the owner of the two horses involved in this controversy. On the 4th day of February, 1910, they strayed from my place at Greenwood, Sebastian County, Arkansas. About the 16th day of February I called up over the telephone the defendant Sid Johnston, who was chief of police of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The ordinance in regard to the impounding of animals in the city of Fort Smith provides that it shall be the duty of the chief of police to sell them under the orders of the police court. The testimony in this case shows that the sale was conducted by the day captain of police, and that the chief of police was not present at the sale, and, for aught that appears from the record, the chief of police did not know that the sale was to take place or that it did take place. The chief of police being the person designated to conduct the sale, the sale could be…
2Cases cited1 opinion
- City of Fort Smith v. DodsonSupreme Court of Arkansas · 1888
3Cited by4 opinions
- W. Reid Wright, Bessie B. Wright and Reid Wright, Jr. v. Farmers Co-Op of Arkansas and OklahomaCourt of Appeals for the Eighth Circuit · 1980
- Howard v. Tri-State InsuranceSupreme Court of Arkansas · 1972
- Courson v. ChandlerSupreme Court of Arkansas · 1975
- St. Louis, Iron Mountain & Southern Railway Co. v. YatesSupreme Court of Arkansas · 1914