Walker v. Files
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY TRIE COURT. The plaintiff, A. W: Files, instituted this suit in the Ashley Chancery Court against the defendants, Floyd Walker, sheriff of Ashley County, J. W. Simpson and George Norman.
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Appeal from Ashley Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY TRIE COURT. The plaintiff, A. W: Files, instituted this suit in the Ashley Chancery Court against the defendants, Floyd Walker, sheriff of Ashley County, J. W. Simpson and George Norman. The complaint alleges, in substance, the following: That on the ioth day of May, 1907, George Norman brought suit in replevin against R. F. Manning and J. W. Simpson to recover possession of a lot of staves, and that A. W. Files became the surety on the bond of said Norman to obtain the delivery of said property. The case.was tried…
1Opinion of the Court
Hart, J.,
(after stating the facts). The judgment against the plaintiff, A. W. Files, was rendered against him in the replevin suit pursuant to section 6871 of Kirby’s Digest. When he signed the bond of Norman to obtain delivery of the property under section 6857 of Kirby’s Digest, he became a party to the replevin suit, and the judgment against him was not without jurisdiction. Glenn v. Porter, 68 Ark. 320.
• The demurrer admits the allegations of the complaint to be true. Stripped of its verbiage, the complaint presents only one real question for our determination, and that is, if a judgment…
2Cases cited2 opinions
- Shaul v. DupreySupreme Court of Arkansas · 1886
- Glenn v. PorterSupreme Court of Arkansas · 1900
3Cited by4 opinions
- National Surety Co. v. Austin Machinery Corp.Court of Appeals for the Sixth Circuit · 1929
- Conlee v. LoveSupreme Court of Arkansas · 1928
- Graysonia-Nashville Lumber Co. v. GoldmanCourt of Appeals for the Eighth Circuit · 1917
- White-Wilson-Drew Co. v. AhrensSupreme Court of Arkansas · 1923