Taylor v. Dexter
Supreme Court of Arkansas
Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The language of § 859, Kirby’s Digest, is restricted to debts incurred ex contractu, and does not include obligations incurred ex delicto on torts. 180 Fed. 543; 113 U. S. 452; 14 Wend. 58; 137 Mass. 516; 9 L. R. A. 187; 68 Ark. 433; 36 L. Ed.
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Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The language of § 859, Kirby’s Digest, is restricted to debts incurred ex contractu, and does not include obligations incurred ex delicto on torts. 180 Fed. 543; 113 U. S. 452; 14 Wend. 58; 137 Mass. 516; 9 L. R. A. 187; 68 Ark. 433; 36 L. Ed. U. S. 1123; 28 Id. 1038. The judgment should be reversed and the cause dismissed. 1. A judgment merges the original obligation and becomes a debt by contract, and appellant is liable under § 859 of Kirby’s Digest. Harr. Cont., 295; 67 N. W. 1015; 89 Hun. 54; 119 N. Y. 117; 2 la.…
1Opinion of the CourtHumphreys, J.
On the 29th day of October, 1915, . appellee instituted this proceeding to fix personal liability on appellant, president of “The York Lumber Company,” for failure to comply with section 848, Kirby’s Digest, in reference to filing required reports. Said appellee had obtained a judgment against the York Lumber Company on account of personal injury for $800 on the 23d day of April, 1913. Execution was issued on the judgment, but no levy was made because no property could be found by the officer. Only two issues were presented by the pleadings and evidence.
First: Was William Taylor president of…
2Cases cited2 opinions
- Chase v. CurtisSupreme Court of the United States · 1885
- McDonald v. MuellerSupreme Court of Arkansas · 1916
3Cited by6 opinions
- Blanton v. First National BankSupreme Court of Arkansas · 1918
- Louisiana Oil Refining Company v. RainwaterSupreme Court of Arkansas · 1931
- Sieb's Hatcheries, Inc. v. LindleyDistrict Court, W.D. Arkansas · 1952
- Culberhouse v. Fischer Lime & Cement Co.Supreme Court of Arkansas · 1924
- Interstate Jobbing Co. v. VelvinSupreme Court of Arkansas · 1924
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