Martin v. Tennison
Supreme Court of Arkansas
Appeal from Searcy Circuit Court. Tennison & McMahan brought suit against G. W. Manes before a justice of the peace, and procured an attachment to be levied on some cotton. From a judgment in plaintiffs’ favor defendant appealed, and executed a bond with T. J. Martin as surety, conditioned that the surety would satisfy the judgment of the circuit court to the extent of the value of said cotton.
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Appeal from Searcy Circuit Court. Tennison & McMahan brought suit against G. W. Manes before a justice of the peace, and procured an attachment to be levied on some cotton. From a judgment in plaintiffs’ favor defendant appealed, and executed a bond with T. J. Martin as surety, conditioned that the surety would satisfy the judgment of the circuit court to the extent of the value of said cotton. The circuit court sustained the attachment and entered judgment against Manes for the debt and costs. At a subsequent term plaintiffs moved for a judgment nunc fro tunc against Martin on the appeal…
1Opinion of the CourtBaTTEE, J.
The bond in question is not a statutory bond, because it does not contain the conditions required by section 4135 of Mansfield’s Digest. Instead of being conditioned to perform the judgment appealed from in the event it was affirmed on appeal, or if, on a trial anew in the circuit court, judgment was given against appellant, that he would pay such judgment, he and his surety thereby undertook to satisfy the same to the extent of the value of the cotton attached in the action. It does not conform to the requirements of the statute, or answer its purpose, and cannot be; enforced in the manner…
2Cases cited1 opinion
- Lowenstein v. McCaddenSupreme Court of Arkansas · 1890
3Cited by5 opinions
- Dillard v. NelsonSupreme Court of Arkansas · 1906
- Vincent v. WessonSupreme Court of Arkansas · 1942
- McHaney v. BrownSupreme Court of Arkansas · 1931
- Schneider v. CokerSupreme Court of Arkansas · 1914
- Richardson v. HarrellSupreme Court of Arkansas · 1896