Liddell v. Landau
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; 1. The bond is good at common law. 38 Ark. 72. It is given for a valid consideration, and its condition was broken when the court refused to hold the judgment void, and appellees failed to pay the judgment. In this case it is immaterial whether the judgment is void or not; but it contains all the elements of a valid judgment, and is not void.
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Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; 1. The bond is good at common law. 38 Ark. 72. It is given for a valid consideration, and its condition was broken when the court refused to hold the judgment void, and appellees failed to pay the judgment. In this case it is immaterial whether the judgment is void or not; but it contains all the elements of a valid judgment, and is not void. It° cannot be impeached by parol evidence, and on collateral attack the presumption of law is in favor if its validity. 50 Ark. 338; 68 Ark. 211; 79 Ark. 16; 61 Ark. 464; 57 Ark. 49;…
1Opinion of the CourtHill, C. J.
An action was brought in the name of Bodenheimer, Landau & Company, a firm of St. Louis merchants, against Robert Liddell, sheriff of Clay County, before a justice of the peace, to recover possession of certain personal property. The plaintiffs recovered, and the defendant appealed to the circuit court. In the circuit court a question was raised as to the authority of the action being instituted in the name of Bodenheimer, Landau & Company, and it was decided that the action was unauthorized, and they were dismissed from it, and S'. D. Hawkins was substituted as plaintiff, and it was…
2Cases cited3 opinions
- Wetmore v. KarrickSupreme Court of the United States · 1907
- Bobo v. StateSupreme Court of Arkansas · 1882
- Liddell v. BodenheimerSupreme Court of Arkansas · 1906
3Cited by7 opinions
- Dean v. BrownSupreme Court of Arkansas · 1950
- Slade v. United StatesCourt of Appeals for the Tenth Circuit · 1936
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- Fitzjarrald v. FitzjarraldSupreme Court of Arkansas · 1961
- Bouldin v. JenningsSupreme Court of Arkansas · 1909
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