Miller County v. Gazola
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rufus J. Hearn, ■ Judge. A sheriff cannot impeach his own return in a collateral proceeding. The remedy is by an action for a false return. 2 Ark. 26; 4 Ark 184; 11 Ark. 368. Besides this, the return is strictly legal and regular. Sand. & H. Dig., § 1004. All the essentials of the statute, regulating the proof of publication of notices, were complied with.
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Appeal from Miller Circuit Court. Rufus J. Hearn, ■ Judge. A sheriff cannot impeach his own return in a collateral proceeding. The remedy is by an action for a false return. 2 Ark. 26; 4 Ark 184; 11 Ark. 368. Besides this, the return is strictly legal and regular. Sand. & H. Dig., § 1004. All the essentials of the statute, regulating the proof of publication of notices, were complied with. Sand. & H. Dig., § 4685. Any objection upon this score is lost to appellee, because not. interposed in the lower court. The call was ineffectual to bar the warrants not presented, because it does not appear…
1Opinion of the CourtBunn, C. J.
This is a petition for the writ of certiorari to bring up and quash the judgment, orders and proceedings of the Miller county court, whereby it called in its county warrants for the purpose of examination, reissuance or cancellation, and wherein it outlawed certain warrants belonging to the petitioner because he failed to present them for that purpose, as required in said order, the petitioner alleging that he had no legal notice of the'pendency of said proceedings. The petition and answer set forth the full record, and evidence dehors the record was also taken and presented, and, a demurrer…
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