Wilson v. Williams
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. John S. Little, Judge. Catherine A. Wilson brought this action against John F. Williams, Sheriff of Sebastian County, to recover the value of certain property which was taken from her and her husband by the defendant’s deputy, under an order of delivery issued by a justice ofthe peace in an action ofreplevin, brought against them by Whitson and Anderson.
Read the full summary
APPEAL from Sebastian Circuit Court. John S. Little, Judge. Catherine A. Wilson brought this action against John F. Williams, Sheriff of Sebastian County, to recover the value of certain property which was taken from her and her husband by the defendant’s deputy, under an order of delivery issued by a justice ofthe peace in an action ofreplevin, brought against them by Whitson and Anderson. The complaint alleges that the property belonged to the plaintiff, and that it was taken by the Deputy Sheriff and delivered to Whitson and Anderson, without first taking from them the bond required by…
1Per curiam
Replevin: Plaintiff bond. The only bond taken by the Sheriff before executing the order of delivery in the replevin suit was signed by the plaintiffs m replevin alone. But the statute prescribes that the order shall not be executed by the officer until a bond to the defendant, with one or more sureties for the plaintiff, has been executed in his presence. Mansf. Dig., sec. 5575. If the officer executes the order without such bond, he becomes a trespasser, and is liable to the party injured, as such. Pirani v. Borden, 5 Ark., 89; State v. Stephens, 14 ib., 264.
The solvency of the plaintiff in…
2Cited by3 opinions
- Eddings v. BonerCourt Of Appeals Of Indian Territory · 1897
- Benge v. FosterCourt of Appeals of Texas · 1934
- Morgan v. HessSupreme Court of Arkansas · 1946