Mayfield Woolen Mills v. Lewis
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; An officer cannot arbitrarily -demand an indemnifying bond and refuse to levy an execution or sell after levy, if it is not given. He cannot act solely on his own will or caprice, but must have some reasonable cause for failure to levy or sell. 25 Am. & Eng. Enc. of L. 2d Ed., 691; Id. 391; 23 Ala. 626; 3 Port. ‘ (Ala.) 385; 13 La. Ann. 437.
1Opinion of the CourtPraurnthar, J.
The appellant, who was the plaintiff below, instituted this suit against the appellees, and in its complaint alleged that W. S. Lewis, one of the defendants, was constable of Lapile Township in Union County, and that the other defendants were sureties upon his official bond. That the plaintiff had recovered two several judgments before the justice of the peace of the above township against Tucker and Woods, aggregating $507, and that on the 4th and 6th days of May, 1905, executions were duly issued upon said judgments against the property of said Tucker and Woods, and were directed and…
2Cases cited6 opinions
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
- DeYampert v. JohnsonSupreme Court of Arkansas · 1891
- Moore v. RooksSupreme Court of Arkansas · 1903
- John R. Marshall & Co. v. SimpsonSupreme Court of Louisiana · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- McIlroy Banking Co. v. MillsSupreme Court of Arkansas · 1928
- Endicott-Johnson Corporation v. DavisSupreme Court of Arkansas · 1933
- Fant Milling Co. v. MayCourt of Appeals of Texas · 1951
- Fant Milling Co. v. MayCourt of Appeals of Texas · 1951
2 more not listed; retrieve them via the Exa API.