Wilson v. Young
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Matthew T. Sanders, Judge. 1. The demurrer should have been sustained to the complaint. Secs. 3061 and 3062, Mansf. Dig., are taken from the Rev. St. ch. 60, secs. 62, 63, and there must have been loss or damage to the execution creditor before he can recover. Murfree on Off. Bonds, sec. 494. 2. The action did not survive. Ib. sec. 654. It did not survive at common law, and is not made to survive by statute. 96 N. Y. 323; 13 Sup. Ct.
Read the full summary
Appeal from Saint Francis Circuit Court. Matthew T. Sanders, Judge. 1. The demurrer should have been sustained to the complaint. Secs. 3061 and 3062, Mansf. Dig., are taken from the Rev. St. ch. 60, secs. 62, 63, and there must have been loss or damage to the execution creditor before he can recover. Murfree on Off. Bonds, sec. 494. 2. The action did not survive. Ib. sec. 654. It did not survive at common law, and is not made to survive by statute. 96 N. Y. 323; 13 Sup. Ct. Rep. 232. 3. Secs. 62, 63, ch. 60, Rev. St. are repealed by the Code. 10 Ark. 591; 31 id. 17; 46 id. 438, 448; 47 id.…
1Opinion of the CourtMansfield, J.
This was an action against the administrator of D. M. Wilson, late sheriff of St. Francis county, and the sureties on his official bond, for his failure to return, according to law, an execution issued on a judgment of the circuit court of that county in favor of the appellees. The complaint was filed under section 3061, Mansf. Digest; and, after alleging the facts necessary to a recovery under that statute, as against a sheriff and his sureties, it shows that Wilson died after the return day of the execution, and that administration upon his estate was granted to the person sued as his…
2Cases cited13 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Lee's Adm'r v. HillSupreme Court of Virginia · 1891
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Jett v. ShinnSupreme Court of Arkansas · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nash v. NashCourt of Appeals of Arkansas · 2019
- A. F. Shapleigh Hardware Co. v. PritchardSupreme Court of Oklahoma · 1914