Lipscomb v. Grace
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. HoN. H. B. Moese, Circuit Judge. It is well settled, by a series of decisions of this court, that where an execution is issued upon a judgment, levied on personal property, a delivery bond taken, and returned forfeited, a new statutory judgment thereupon springs into existence, which merges and extinguishes the original judgment.
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Appeal from Jefferson Circuit Court. HoN. H. B. Moese, Circuit Judge. It is well settled, by a series of decisions of this court, that where an execution is issued upon a judgment, levied on personal property, a delivery bond taken, and returned forfeited, a new statutory judgment thereupon springs into existence, which merges and extinguishes the original judgment. Frazier v. McQueen et al.; 20 Ark. 68, and cases cited; Douglas etal. v. Twombly, 25 Ark,., 124-, and cases cited. The fact that Grace did not sign the delivery bond, did not prevent the delivery bond judgment from extinguishing…
1Opinion of the CourtGregg, J.
At the May term, 1870, of the Jefferson circuit court, the appellee filed a motion for a summary judgment against the appellant, alleging that, on the 15th day of December, 1859, he, as security, had paid off two several judgments rendered in said court, respectively, on the 2d of December, 1865, and the 30th of May, 1867, against the appellant and himself.
After service and return of the notice, the appellee moved the court for judgment for one .thousand and thirty-nine dollars and ten cents, the amount of the two judgments and interest thereon up to date.
The appellant appeared and resisted…
2Cases cited1 opinion
- Banks v. CleggSupreme Court of Pennsylvania · 1850
3Cited by5 opinions
- State ex rel. Davis v. EdwardsUtah Supreme Court · 1908
- Steele v. GravesSupreme Court of Alabama · 1880
- Thomas v. LiebkeMissouri Court of Appeals · 1880
- Eberhardt v. WoodCourt of Appeals of Tennessee · 1875
- Noland v. WayneSupreme Court of Louisiana · 1879