Dyer v. Hatch
Supreme Court of Arkansas
Error to Jackson Circuit Court. This was an action of trespass in the circuit court of Jaclrson county, by Hatch against Dyer.
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Error to Jackson Circuit Court. This was an action of trespass in the circuit court of Jaclrson county, by Hatch against Dyer. Before issuing the writ, Hatch made an affidavit before the judge of said circuit court, that he had “ an actual subsisting demand against the defendant amounting to the sum of one hundred and ten dollars, and that the said defendant now lives in the state of Missouri, and is now about to leave the state of Arkansas, and that he is in danger of losing his demand against him, and he believes that the said defendant ought to be held to bail, &c.” Upon which, a capias ad…
1Opinion of the CourtRingo, Chief Justice
This is an action of trespass vi el amis, instituted by Hatch against Dyer, in the circuit court of Jackson county. The plaintiff below filed his declaration and affidavit, and sued out a capias ad responden-dum thereon against the defendant, Dyer; at the term to which the writ was returnable, the defendant moved the court to abate the writ and dismiss the suit, upon .the following grounds: First, that there is no order by the judge for the capias ad responden-dum. Second, that there is not a sufficient and proper affidavit. Third, that the defendant was held to bail outof the county where he…
2Cited by3 opinions
- Kent v. GraySupreme Court of Arkansas · 1870
- Shaw v. StateCourt of Appeals of Texas · 1877
- Webb v. JonesSupreme Court of Arkansas · 1840