Sibeck v. McTiernan
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; 1. The court should have' given a peremptory instruction for defendants. Articles of dress or personal adornment cannot be taken on a writ of replevin from the person of a defendant without his consent. 16 Gray 213, s. c. 77 Am.
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Appeal from Pulaski Circuit Court, Second Division; James H. Stevenson, Judge; 1. The court should have' given a peremptory instruction for defendants. Articles of dress or personal adornment cannot be taken on a writ of replevin from the person of a defendant without his consent. 16 Gray 213, s. c. 77 Am. Dec. 409. And, if plaintiff had no right to delivery of the property, there could be nothing to go to the jury. 37 Ark. 544; 43 Id. 535; 50 Id. 300; 54 Id. 121; 3 Hill 577. 2. The court should have instructed the jury that there could be no recovery unless demand had been made upon…
1Opinion of the CourtBattue, J.
This action was brought by Nellie McTiernan against J. B. Sibeck and his wife, and Mona Sibeck, before a justice of the peace to recover possession .of a certain diamond ring. She made the affidavit required by the statute as a condition precedent for. suing out an order of delivery; and it was issued by the justice of the peace for the possession of the diamond ring, and at the same time a summons was issued for the defendants. To secure the execution of the order of delivery, plaintiff executed a bond with sureties, conditioned as required by law; and the order and summons were served upon…
2Cases cited13 opinions
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- Henry v. FineSupreme Court of Arkansas · 1861
- Riley v. NormanSupreme Court of Arkansas · 1882
- Fletcher v. MenkenSupreme Court of Arkansas · 1881
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3Cited by6 opinions
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Browne-Brun Wholesale Grocery Co. v. HintonSupreme Court of Arkansas · 1929
- Hester v. FiniganSupreme Court of Arkansas · 1954
- Faulkner v. MowrySupreme Court of Arkansas · 1957
- Mack Trucks of Arkansas, Inc. v. YarbroughSupreme Court of Arkansas · 1971
1 more not listed; retrieve them via the Exa API.