DeYampert v. Johnson
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court. Carroll D. Wood, Judge. DeYampert sued Barringer to enforce his landlord’s lien on certain cotton, and procured a writ of specific attachment to be issued and placed in the hands of the sheriff, the defendant Johnson. The sheriff seized the property, but subsequently released it to a claimant without requiring any bond. DeYampert procured judgment for his debt and sustaining his lien.
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APPEAL from Chicot Circuit Court. Carroll D. Wood, Judge. DeYampert sued Barringer to enforce his landlord’s lien on certain cotton, and procured a writ of specific attachment to be issued and placed in the hands of the sheriff, the defendant Johnson. The sheriff seized the property, but subsequently released it to a claimant without requiring any bond. DeYampert procured judgment for his debt and sustaining his lien. An execution being returned unsatisfied, he brought this suit upon Johnson’s official bond, alleging that he had released the property without authority. Against the objection…
1Opinion of the Court
Battle T.
1. Liability ¡j'?y lttaLed°p" When a valid order to attach specific property is delivered to the proper sheriff, it is his duty to seize the property described in the order and hold the same subject to the order of the court, or until the attachment is dissolved, or he is required by the statute to deliver the same to another person upon his executing a bond. He can use no discretion or judgment, and has no right to determine to whom the property that he is ordered to seize belongs. If he surrenders it upon a claim of right to the same, without authority of the court or parties…
2Cases cited4 opinions
- Dow v. HumbertSupreme Court of the United States · 1876
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
- Haven v. Beidler Manufacturing Co.Michigan Supreme Court · 1879
- Brown v. RichmondSupreme Court of Vermont · 1855
3Cited by6 opinions
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Dilley v. ThomasSupreme Court of Arkansas · 1913
- Mayfield Woolen Mills v. LewisSupreme Court of Arkansas · 1909
- Wells v. AdamsSupreme Court of Arkansas · 1960
- Duty v. JonesSupreme Court of Arkansas · 1916
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