Witt v. State
Supreme Court of Arkansas
Writ of Error to Pope Circuit Court. The Hon. W. H. Feild, Circuit Judge, presiding. The act of the Legislature extending the time of paying the revenue into the treasury, released the securities of the sheriff, as it changed their contract. The judgment should be reversed, because the truth of the breaches was not found, nor the damages assessed by a jury.
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Writ of Error to Pope Circuit Court. The Hon. W. H. Feild, Circuit Judge, presiding. The act of the Legislature extending the time of paying the revenue into the treasury, released the securities of the sheriff, as it changed their contract. The judgment should be reversed, because the truth of the breaches was not found, nor the damages assessed by a jury. Dig. 775. 4 Eng. 363. 3 Eng. 477, 353. This was not a suit instituted on a penal bond, but was an action on a bond, for the payment of a sum certain in money, and did not require the interposition of a jury to assess damages. Sec. 5, ch.…
1Opinion of the CourtChief Justice Watkins
By an act for the relief of the securities of John Hickey, sheriff of Pope county, approved January 11th, 1851, they were allowed until the first day of November, thereafter, to pay the amount pf his defalcation as collector of the State and county revenue, for the year 1850, and released from all forfeitures and penalties incurred, provided, they would give bond with security, to be approved by the county judge, in vacation, for the payment of the same and with interest upon the revenue due the State. Availing themselves of this act, they executed the bond upon which this suit was brought.…
2Cases cited1 opinion
- Phillips v. GovernorSupreme Court of Arkansas · 1840