Overby v. McGee
Supreme Court of Arkansas
Appeal from Johnson Ci/rcwit 'Oov/rt. Hon. Felix I. BatsoN, Circuit Judge. A valid writ of attachment or execution, is a protection to an officer in seizing personal property, wbicb be finds in tbe possession of tbe defendant in snob writ — possession of personal property bein g prima facie evidence of ownership.
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Appeal from Johnson Ci/rcwit 'Oov/rt. Hon. Felix I. BatsoN, Circuit Judge. A valid writ of attachment or execution, is a protection to an officer in seizing personal property, wbicb be finds in tbe possession of tbe defendant in snob writ — possession of personal property bein g prima facie evidence of ownership. Williams vs. Lownds, 1 Hall 595/ 8 Gowen Rep. 65/ 7 Wend. 236. "Where a trespass has been committed by several persons jointly, tbe party may sue any or all of tbe trespassers; but be can recover but one satisfaction, and so tbe plaintiff having recovered tbe property and damages…
1Opinion of the Court
Mr. Justice Waíkeb
delivered tbe opinion of tbe Court.
This is an action of trespass, brought by McGee, against Overby (a constable) and others, for forcibly taking -a mule.
Tbe defendants jointly pleaded tbe general issue; and tbe defendant, Overby, filed special pleas of justification ; tbe first, and most material of wbicb was, that, as constable, bo levied an attachment upon tbe mule, having found it in tbe possession of Higgs, tbe defendant in attachment, and kept tbe mule, under and by virture of this authority, until’the return of the writ.
To this plea, a demurrer was sustained, and tbe…
2Cases cited2 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Vest v. WeirIndiana Supreme Court · 1835
3Cited by4 opinions
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Moores v. WinterSupreme Court of Arkansas · 1899
- Pierce Oil Corp. v. TaylorSupreme Court of Arkansas · 1921
- General Exchange Insurance Corp. v. ArnoldSupreme Court of Arkansas · 1943