State ex rel. Bennett v. Engles
Supreme Court of Arkansas
Tins was an action of debt, determined in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Bennett, Morrill & Co., using the name of the State, sued Engles, as sheriff of Independence county, and his securities, for a breach of his official bond.
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Tins was an action of debt, determined in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. Bennett, Morrill & Co., using the name of the State, sued Engles, as sheriff of Independence county, and his securities, for a breach of his official bond. The declaration, after setting out the bond, and its condition, assigned two breaches: First, .that, on the first day of June, 1840, Bennett, Morrill & Co. recovered, in the same court, against Choat & Dye, a judgment for $2129, with interest at the rate of 10 per cent., from August 23d, 1839,…
1Opinion of the Court
By the Court,
Paschal, J.
The only question which it becomes necessary for this Court to decide is, did the Circuit Court err in deciding the declaration of the plaintiff below to be insufficient in law? The declaration avers that the sheriff committed a breach of the condition of his bond, in that, after he levied execution in the usual form, in favor of the plaintiff in error v. Choate and Dye, on certain negroes, the property of one of them, he failed to sell the property as the law directs. We do not see that any cause of action is contained in this allegation. The execution requires the…
2Cited by2 opinions
- Hammett v. State ex rel. LindsaySupreme Court of Arkansas · 1846
- State ex rel. Birnie v. HollemanSupreme Court of Arkansas · 1860