Ferguson v. Ehrenrerg
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. J. T. Brown, Jr., should have been substituted as party defendant, being the real party at interest. The constable only a nominal party. Brown offered the bond required by sec. ^86 Gantt’s Digest. 2. The record in Brown v. Henry should have been admitted as evidence. Snead v. Wegman, 23 Mo., 263; Key v. Dent, Iff. Md., 86; Wells v. Shipp, 1 Miss.
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. 1. J. T. Brown, Jr., should have been substituted as party defendant, being the real party at interest. The constable only a nominal party. Brown offered the bond required by sec. ^86 Gantt’s Digest. 2. The record in Brown v. Henry should have been admitted as evidence. Snead v. Wegman, 23 Mo., 263; Key v. Dent, Iff. Md., 86; Wells v. Shipp, 1 Miss. (Walk.), 353. 3. The commissioner’s seal was not in accordance with law, and the depositions should have been suppressed. Gantt’s Digest, secs. 771/., 5587; 11 Iowa, 310. 4.…
1Opinion of the CourtSmith, J.
IPRACTICEE Substitution of parties.
J. & L. Ehrenberg brought replevin against the constable for an iron safe. The answer denied the plaintiff’s title, and averred that he had seized the property under an execution issued and to him directed in the cause of J. T. Brown, Jr., against J. P. and Susan Henry ; that the safe had belonged to them ; and that afterwards, in obedience to said writ, he had sold it to Brown, whose property it now was.
Before the answer was filed, a motion had been made to substitute Brown as defendant in place of the constable, and a bond for the costs of the action had…
2Cited by5 opinions
- West v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
- Deitz v. LensingerSupreme Court of Arkansas · 1905
- Hill v. WilsonSupreme Court of Arkansas · 1949
- McEachern v. StateSupreme Court of Arkansas · 1920
- Stainback v. HendersonSupreme Court of Arkansas · 1906