Atkinson v. Gatcher
Supreme Court of Arkansas
Appeal from, Columbia Circuit Court. Hon. Len B. Green, Circuit Judge. An authority by the justice to alter a particular execution is good, though authority to alter any and all executions is void. Pierce vs. Hubbard, 10 John R. 405. The alteration by the constable at the instance of the justice was his act. Justices of the peace have-jurisdiction throughout the county, and so have constables to execute civil process.
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Appeal from, Columbia Circuit Court. Hon. Len B. Green, Circuit Judge. An authority by the justice to alter a particular execution is good, though authority to alter any and all executions is void. Pierce vs. Hubbard, 10 John R. 405. The alteration by the constable at the instance of the justice was his act. Justices of the peace have-jurisdiction throughout the county, and so have constables to execute civil process. Gotitd’s Dig. sec. 29, p. 254, sec. 34, p. 280. The execution was on a judgment valid on its face, and therefore justified appellant, Atkinson, and should have been read in…
1Opinion of the CourtChief Justice English
This was-an action of trespass by John M. Gatcher against Wm. W. Atkinson and Elisha T. McClure, in Columbia Circuit Court, for taking and converting fifty bushels of corn.
The defendants pleaded not guilty and justification, in short by consent, there was a trial, and verdict against them for $40,' a new trial refused them, and they excepted and appealed.
The corn was levied on and sold by the defendant Atkinson, as constable, under an execution, in favor of his co defendant, McClure, against the plaintiff, Gatcher.
Gatcher was a farmer, and had a wife and two or three children., When the corn…
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