Goodrich v. Fritz
Supreme Court of Arkansas
This was an action of replevin, tried in the Johnson Circuit Court, in September, 1841, before the Hon. Richard C. S. Brown, one of the circuit judges. Goodrich sued for a wagon, which was replevied, and delivered over.
Read the full summary
This was an action of replevin, tried in the Johnson Circuit Court, in September, 1841, before the Hon. Richard C. S. Brown, one of the circuit judges. Goodrich sued for a wagon, which was replevied, and delivered over. Fritz-pleaded non cepit, and non detinet, to each of which issue was joined, and gave notice that he would give special matter in justification.' After the plaintiff’s evidence, the defendant read, in evidence, an execution from a justice of the peace, against a third person, by virtue of which he, as constable, had levied on the wagon. The execution was admitted to be a…
1Opinion of the Court
By the Court,
Dickinson, J.
In instructing the jury to find as in case of nonsuit, there is error; but we do not regard it of such character as authorizes us to reverse the judgment, if the record shows, as it does in this instance, that the final judgment is right.
Blackburn, for the plaintiff in error, presented a petition for re-consideration, which was overruled.
That replevin cannot be maintained against an officer, who has the custody and possession of property, under a valid execution, is clear. In such case, the property is already in custody of the law, and cannot be replevied out of it.…
2Cited by5 opinions
- Hill, McLean & Co. v. RuckerSupreme Court of Arkansas · 1854
- Darrough v. First Nat. Bank of ClaremoreSupreme Court of Oklahoma · 1916
- Darrough v. First Nat. Bank of ClaremoreSupreme Court of Oklahoma · 1916
- Morrison v. BerrySupreme Court of Arkansas · 1926
- Spring v. BourlandSupreme Court of Arkansas · 1851