Hall v. Lackmond
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. L. A. Byi&e, Judge. 1. The effect of leaving off the seal from the writ, renders it void; when directly assailed. 47 Ark., 373; 12: Id., 421; 25 Id., 524; Const., Art. VII., seo. 49; seo. 5305 Mansf. Dig.; 6 Wall., 556 ; 2 Ark., 131 ; 6 Id., 451; 32 Id., 453; 39 Am.
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APPEAL from Hempstead Circuit Court. L. A. Byi&e, Judge. 1. The effect of leaving off the seal from the writ, renders it void; when directly assailed. 47 Ark., 373; 12: Id., 421; 25 Id., 524; Const., Art. VII., seo. 49; seo. 5305 Mansf. Dig.; 6 Wall., 556 ; 2 Ark., 131 ; 6 Id., 451; 32 Id., 453; 39 Am. Deo., 418. 2. It was error to adjudge the costs of the amendment against appellant. 3. It was error to have the amendment relate back to the date of the writ, to the injury of the sureties on the -bond. 28 Me., 508; 2 Sneed {Tenn.), 154; 2 Ired. (N. C.), I., 147. 1. The court may amend a writ,…
1Opinion of the CourtCocKRitii, C. J.
The clerk of the Hempstead circuit court issued execution upon a judgment rendered in favor of the appellee, against the appellant., without attaching his seal of office to the writ. It was levied by the sheriff upon the appellant’s personal property, but upon application to the circuit judge and the execution of a bond under section 2988, Mansefild’s Digest, proceedings under the execution were stayed until the next term of the circuit court, when upon the motion of the appelle, the clerk was required to affix his seal, and the appellant’s application to quash the writ was thereupon denied. v
2Cases cited1 opinion
- Tilton v. CofieldSupreme Court of the United States · 1876
3Cited by6 opinions
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
- Kipp v. BurtonMontana Supreme Court · 1903
- Rogers v. StateSupreme Court of Arkansas · 1986
- Southwestern Settlement & Development Co. v. RandolphCourt of Appeals of Texas · 1922
- Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941
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