Fultz v. Castleberry
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; Charles W. Smith? Judge; Upon appeal from the action of the justice of the peace it was the duty of the plaintiff, appellee here, to file a bond as required by statute, Kirby’s Digest, § § 3908, 4666. And if the appeal is taken without bond it does not operate to suspend proceedings on the judgment appealed from, nor to recall an execution issued.
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Appeal from Ouachita Circuit Court; Charles W. Smith? Judge; Upon appeal from the action of the justice of the peace it was the duty of the plaintiff, appellee here, to file a bond as required by statute, Kirby’s Digest, § § 3908, 4666. And if the appeal is taken without bond it does not operate to suspend proceedings on the judgment appealed from, nor to recall an execution issued. Id. § 4667. See Id. § 3096. Had the sheriff failed to levy the execution or- make sale of the property after levy, .he would have been liable to the execution plaintiff. Id. § § 3286, 4487. It was appellee’s duty…
1Opinion of the Court
,Hill, C. J.
The undisputed facts of this case are: Mrs. Martha J. Wild had a judgment in justice of the peace court against G. S. Castleberry, and execution was issued thereupon and placed in the hands of Fultz, a deputy sheriff, who levied upon one bale of cotton as the property of Castleberry.
Castleberry gave notice to Mrs. Wild that he would claim the bale as exempt from execution and sale, and there was a hearing upon this claim of exemption before the justice, and the justice denied it and refused to issue supersedeas. Thereupon Castleberry appealed to the circuit court, but did not give…
2Cited by2 opinions
- Peel & Co. v. MooneySupreme Court of Arkansas · 1924
- Ray v. GregorySupreme Court of Arkansas · 1915