Glenn v. Porter
Supreme Court of Arkansas
Certiorari to Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Petitioner asked for certiorari to quash the following judgment: “In the Independence Circuit Court, spring term, 1899. On Monday April 17, 1897, a regular day of said term of court, among other things the following proceedings were had, to-wit: P. A. Olson v. Jeff Porter.
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Certiorari to Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Petitioner asked for certiorari to quash the following judgment: “In the Independence Circuit Court, spring term, 1899. On Monday April 17, 1897, a regular day of said term of court, among other things the following proceedings were had, to-wit: P. A. Olson v. Jeff Porter. On this day, this cause coming on to be heard, and both parties being present in person and by attorneys, the defendant announced ready for trial, whereupon the plaintiff asked to take a non-suit, which was by the court granted;…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The recital of the judgment is: “And the court being fully advised in the premises, and it appearing from the proceedings that this is an action of replevin in which the plaintiff had obtained possession of the property herein, and that the plaintiff had executed a replevin bond with John W. Glenn as his surety.” This i*ecital shows tlmt Glenn, petitioner, was a party to the replevin suit. Although the bond may not have been returned by the sheriff with the order of delivery, as required by § 6393 of Sandels & Hill’s Digest, this is not a matter of which…
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