Atkinson v. Heer & Co.
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. Hon. J. M. Pittman, Circuit Judge. Appellant had the right to show the insolvency of the judgment debtors, that nothing could be made, and hence appellant was not damaged. He should also have been allowed to show that it was impossible for him to return the execution, or that he used due diligence to do it, but was prevented by accident or unforeseen circumstances, etc.
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APPEAL from Boone Circuit Court. Hon. J. M. Pittman, Circuit Judge. Appellant had the right to show the insolvency of the judgment debtors, that nothing could be made, and hence appellant was not damaged. He should also have been allowed to show that it was impossible for him to return the execution, or that he used due diligence to do it, but was prevented by accident or unforeseen circumstances, etc. Within the sixty days he made his return on the execution„ but by the absence of the clerk, and his being called away on official business he had no opportunity to lodge it with the clerk until…
1Opinion of the CourtOockrill, C. J.
This is a continuation of the case reported in 40 Ark., 377. It is a summary proceeding under the statute by a judgment creditor for judgment against a sheriff and his sureties on his official bond for failure to return an execution. On the return of the case to the Circuit Court, Atkinson, the sheriff, was allowed to file an amended answer. It alleged that the defendants in the execution were insolvent when judgment was rendered and have continued so ever since, and that, before the return day of the execution, Atkinson’s deputy indorsed a return in proper form on the execution, and Atkinson…
2Cases cited1 opinion
- Basset & Haydon v. BowmarCourt of Appeals of Kentucky · 1843
3Cited by5 opinions
- Hamilton v. Pan American Southern Corp.Supreme Court of Arkansas · 1964
- Smith v. DrakeSupreme Court of Arkansas · 1927
- Leak Glove Manuf'g Co. v. NeedlesCourt of Appeals for the Eighth Circuit · 1895
- Wilson v. YoungSupreme Court of Arkansas · 1894
- Lindsey Family Trust v. CauthronCourt of Appeals of Arkansas · 1987