Stevenson v. McKissick
Supreme Court of Arkansas
Appeal from the Chancery side of Crawford Circuit Court. Bill for injunction by Stevenson against McKisick, determined ■in Crawford Circuit Court. The bill stated that, on the 6th of July, 1846, McKissick obtained a justice’s judgment against Henry Fieman, for $63 33, on which, execution was stayed for six months, on recognizance of the complainant as security.
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Appeal from the Chancery side of Crawford Circuit Court. Bill for injunction by Stevenson against McKisick, determined ■in Crawford Circuit Court. The bill stated that, on the 6th of July, 1846, McKissick obtained a justice’s judgment against Henry Fieman, for $63 33, on which, execution was stayed for six months, on recognizance of the complainant as security. That at the time Fieman owned two ferry boats, and other property, more than sufficient to pay off the judgment — but dying in December, 1846, insolvent, all such property was sold by the administrator, and applied to other expenses…
1Opinion of the CourtChief Justice Johnson
We entertain no doubt of the correctness of the decree rendered by the Circuit Court in this case. The statute, under which the proceeding complained of was had, makes the judgment against the principal, if not discharged before the expiration of the stay, operate as a joint judgment against the principal and stayer, and, as such, susceptible of being enforced against them both jointly, while living, or either upon the suggestion' of the death of the other. The case of Cabeness v. Garrett, 1 Yerg. 491, 493, is directly in point and entirely conclusive of this question. The statute of…
2Cited by4 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Edmonson & Reekes v. Potts' AdministratorSupreme Court of Virginia · 1910
- Glenn v. Union Bank & Trust Co.Supreme Court of Arkansas · 1921
- Hammond v. McHargueMissouri Court of Appeals · 1913