Chapline v. Robertson
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Hon. M. T. Sanders, Circuit Judge. This was a suit on a bond executed under section J¡,06 Gantt’s Digest. 1. The liability of appellants should have been settled and determined in the original suit. (Act March 10, 1875, pages 7 and 8; Acts 1875, adj. sess.; 34 Ark., 707.) The •suit on the bond was unauthorized. 2. The court had no right to try the cause without a jury.
Read the full summary
APPEAL from Monroe Circuit Court. Hon. M. T. Sanders, Circuit Judge. This was a suit on a bond executed under section J¡,06 Gantt’s Digest. 1. The liability of appellants should have been settled and determined in the original suit. (Act March 10, 1875, pages 7 and 8; Acts 1875, adj. sess.; 34 Ark., 707.) The •suit on the bond was unauthorized. 2. The court had no right to try the cause without a jury. (Sec. 4641 Gantt’s Digest; lb., sec. 4685.) There was no waiver of a jury trial. The record states “neither party requiring a jury.” This was not sufficient. (5 Ark., 105.) A forthcoming bond…
1Opinion of the CourtSmith, J.
Robertson brought an action upon contract against one Wickham, and sued out an attachment, which was levied on certain personal property belonging to Wick-ham. For the retention of said property, appraised at $601, Wickham executed a forthcoming bond under section 327 of Mansfield’s Digest, with Chapline and another as his sureties. Robertson recovered judgment against Wickham for $713.10, besides interest and costs; and the attached property was condemned to be sold for the satisfaction of the same. A special execution was issued and placed in the hands of the sheriff, who returned thereon…
2Cases cited2 opinions
- Metrovich v. JovovichCalifornia Supreme Court · 1881
- Clark v. ShawIndiana Supreme Court · 1881
3Cited by7 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Pierson v. Minnehaha CountySouth Dakota Supreme Court · 1912
- Rome v. AhlertSupreme Court of Arkansas · 1960
- Evins v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Commercial Standard Insurance v. WallerSupreme Court of Arkansas · 1935
2 more not listed; retrieve them via the Exa API.