Bickham v. Kosminsky
Supreme Court of Arkansas
Appeal from Miller Circuit Court. STATEMENT BY THE COURT. Kosminsky and Bedingñeld sued Bickham, sheriff of Miller County, and the sureties on his official bond for a failure to return an execution in their favor against Elias Pickett in the sum of $1,017 principal, and interest and costs, within sixty da)rs from the date thereof. The prayer was for judgment against Bickham and his sureties for the amount called for in the execution against Pickett.
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Appeal from Miller Circuit Court. STATEMENT BY THE COURT. Kosminsky and Bedingñeld sued Bickham, sheriff of Miller County, and the sureties on his official bond for a failure to return an execution in their favor against Elias Pickett in the sum of $1,017 principal, and interest and costs, within sixty da)rs from the date thereof. The prayer was for judgment against Bickham and his sureties for the amount called for in the execution against Pickett. The sheriff -and his sureties answered, admitting that said execution came to the sheriff’s hands, the amount, etc., as alleged, and that it was…
1Opinion of the Court
Hmi,, J.,
(after stating the facts.) Section 3286, Kirby’s Digest, imposes a liability on a sheriff for failing to return an execution on or before the return day therein specified. The officer is “liable and bound to pay the whole amount of money in such execution specified, as therein indorsed and directed to be levied.” The appellant seeks to escape this liability by setting up the conduct of the attorney of record of the execution plaintiff which he claims justified and authorized him in not returning the execution within the time specified.
In Jett v. Shinn, 47 Ark. 373, the court said:…
2Cases cited6 opinions
- Smith v. . ErwinNew York Court of Appeals · 1879
- Jett v. ShinnSupreme Court of Arkansas · 1886
- Simms, Billups & Co. v. QuinnMississippi Supreme Court · 1880
- State ex rel. Share v. BoydIndiana Supreme Court · 1878
- People ex rel. Wertheimer-Swarts Shoe Co. v. OffermanAppellate Court of Illinois · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hamilton v. Pan American Southern Corp.Supreme Court of Arkansas · 1964
- Wilkerson v. MobleySupreme Court of Arkansas · 1922
- McIlroy Banking Co. v. MillsSupreme Court of Arkansas · 1928
- Summerfield v. PaulsonNorth Dakota Supreme Court · 1938
- G. F. Harvey Co. v. HuddlestonSupreme Court of Arkansas · 1916
4 more not listed; retrieve them via the Exa API.