Spring v. Bourland
Supreme Court of Arkansas
Appeal from the Crawford Circuit Court. Replevin by Nicholas Spring against Alne Bourland, in the • Crawford circuit court. Two counts in the declaration; first in the cepit, alleging that on the 26th February, 1849, defendant took and detained from plaintiff a wagon, horse, and two mules. Second count in the detinet for the same property.
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Appeal from the Crawford Circuit Court. Replevin by Nicholas Spring against Alne Bourland, in the • Crawford circuit court. Two counts in the declaration; first in the cepit, alleging that on the 26th February, 1849, defendant took and detained from plaintiff a wagon, horse, and two mules. Second count in the detinet for the same property. Defendant filed an avowry, in substance as follows : Defendant avows the taking of the goods and chatties aforesaid, and that justly, because he says that he.now is, and has been since 1st October, 1848, constable in and for the township' of Upper in the…
1Opinion of the CourtJustice Scott
This case, it seems from the counsel’s brief, has been brought up to induce a review of the doctrine of the case of Goodrich vs. Fritz, (4 Ark. 525) decided here some years ago; in which it was held that “ Replevin cannot be maintained against an officer, who has the custody and possession of property under a valid execution.” That suit, like this, was instituted by a stranger to the execution against a constable.
As to the general proposition of law touching the concurrency of the remedies of Replevin and Trespass de bonis asportatis, the counsel is correct; but he is mistaken in supposing…
2Cases cited1 opinion
- Goodrich v. FritzSupreme Court of Arkansas · 1842