Borden v. State ex rel. Bowen & McNamee
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. Debt, on a sheriff’s bond, determined in the Pulaski circuit court, October term, 1847, before the Honorable William H. Feild, judge.
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Writ of Error to Pulaski Circuit Court. Debt, on a sheriff’s bond, determined in the Pulaski circuit court, October term, 1847, before the Honorable William H. Feild, judge. The action was brought in the name of the State of Arkansas, for the use of Bowen, McNamoe, Weed, and Holmes, partners, under the firm name of Bowen & McNamec, upon the bond of Borden, sheriff of Pulaski county, against said Borden, as principal, and Walters, Newton, Chase, Baldwin, Fenno, Wassel, Borden, and Crutchfield, securities in the bond. In the declaration two specific breaches of the condition of the bond are…
1Opinion of the CourtJohnson, C. J.
The question presented is one purely of law, and will depend entirely upon the construction that shall be placed upon the statute. The 70th section of chapter 67, of the Digest, declares that “ If any officer sell any property under any execution, whether he shall receive payment therefor or not, or shall make the money in any execution, specified or therein endorsed, and directed to be levied, or any part thereof, and shall not have the amount of such sales, or the money so made, before the court, and pay the same according to law, he shall be liable to pay the whole amount of such sale, or…
2Cited by1 opinion
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