Cotton v. Atkinson
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. R. B. Rutherford,'Judge. Action in the name of the State, for the use of Cotton & Perry, against Atkinson and others, sureties on the official bond of H. J. Falconer, deceased, late sheriff of Sebastian county, to recover damages (1) for the neglect or failure of said sheriff to sell certain attached property seized by him under process and condemned by order of court to be sold; and (2) for the failure of such…
Read the full summary
APPEAL from Sebastian Circuit Court, Fort Smith District. R. B. Rutherford,'Judge. Action in the name of the State, for the use of Cotton & Perry, against Atkinson and others, sureties on the official bond of H. J. Falconer, deceased, late sheriff of Sebastian county, to recover damages (1) for the neglect or failure of said sheriff to sell certain attached property seized by him under process and condemned by order of court to be sold; and (2) for the failure of such officer to safely keep such property. The complaint in substance alleged that, after the expiration of the term of office of…
1Per curiam
1. when i;ability of sheriff failure t© sell attachedproperty It is difficult to ascertain from the com- . plaint what the pleader intended to allege as a breach of 0 ■bond. If it be that the sheriff failed to sell the property in obedience to the order of condemnation, it is no breach. The sheriff would not be in default in failing to sell the condemned property until a legal demand has been made upon him for the execution of the order of condemnation— s by delivery to him of a special execution for the sale of he property, or a copy of the order of condemnation. He ■nay make a valid sale in…
2Cases cited2 opinions
- Arndt v. ArndtOhio Supreme Court · 1846
- Johnson v. ForanCourt of Appeals of Maryland · 1882
3Cited by1 opinion
- Stout v. BrownSupreme Court of Arkansas · 1897