McKnight v. Smith
Supreme Court of Arkansas
This was a judgment on delivery bond, rendered in the Pulaski Circuit Court, at May term, 1843, before the Hon. John J. Cbek-henin, one of the circuit judges. The facts sufficiently appear ia the opinion of the court. The case came here by writ of error..
1Opinion of the Court
By the Court,
Sebastian, J.
This was a judgment on motion, os»
a delivery bond, taken without notice, or any declaration filed previously, under the 3d section of the act of Jan. 7, 1843, p. 50. The remedy here provided is summary in its character, and in derogation of the principles of the common law, and, according to the general principles governing such cases, can be warranted only by a strict pursuance of the statutes creating the remedy. It is a universal principle pervading the whole jurisprudence of our country, necessary for the protection of civil liberty and the rights of property,…
2Cited by5 opinions
- Clark v. Bomford & ShumardSupreme Court of Arkansas · 1859
- Brinkley v. TheissSupreme Court of Arkansas · 1846
- Central Coal & Coke Co. v. Texas Produce Co.Supreme Court of Arkansas · 1902
- Jordan v. JenningsSupreme Court of Arkansas · 1846
- Swinney v. StateSupreme Court of Arkansas · 1860