O'Neal v. Parker
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; George M. Chapline, Judge; O’Neal -and others sued Parker, and have appealed from, a judgment in the latter’s favor. The £aots appear in the opinion. The statute, Kirby’s Digest, § 5137, confers no authority upon the circuit clerk to issue a warrant for the seizure and condemnation of liquor.
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Appeal from Arkansas Circuit Court; George M. Chapline, Judge; O’Neal -and others sued Parker, and have appealed from, a judgment in the latter’s favor. The £aots appear in the opinion. The statute, Kirby’s Digest, § 5137, confers no authority upon the circuit clerk to issue a warrant for the seizure and condemnation of liquor. Appellant was entitled to have that section given in charge to the jury in order that they might not be led to believe that appellee’s acts under the warrant were regular and valid. Process and even judgments may be attacked by suits in replevin. 20 Am. & Eng. Enc. of…
1Opinion of the CourtHire, C. J.
Ed O’Neal and three others filed a replevin suit in a justice of the peace court against R. E. Parker, sheriff of Arkansas County, in which they alleged that they were the owners of a barrel of liquor containing twenty gallons, which was in the possession of said sheriff, and that the sheriff had seized it while at the railroad station under a pretended search warrant, issued by the circuit clerk of Arkansas County, and that he refused to deliver it to them; and they prayed for a return of the liquor and for damages for its detention. After trial in the justice’s court and the common pleas…
2Cases cited4 opinions
- Koch v. KimberlingSupreme Court of Arkansas · 1892
- Elmore v. StateSupreme Court of Arkansas · 1885
- Ferguson v. JoseySupreme Court of Arkansas · 1902
- Ruble v. HelmSupreme Court of Arkansas · 1893
3Cited by7 opinions
- Files v. LawSupreme Court of Arkansas · 1908
- McKinley v. BroomSupreme Court of Arkansas · 1910
- Norton v. HickingbottomSupreme Court of Arkansas · 1947
- Siloam Springs v. BroylesSupreme Court of Arkansas · 1908
- Ward v. StateSupreme Court of Arkansas · 1918
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