Cason v. Bone
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. It. H. Powell, Circuit Judge. For appellant we submit that the right to hold the property, claimed by him in his schedule, was guaranteed to him by the Constitution and laws of the State, and of which he could not be lawfully deprived. This right was judicially determined by the Independence Circuit Court in granting the mandamus, by which the Justice was compelled to discharge the duty required of him by law.
Read the full summary
APPEAL from Independence Circuit Court. Hon. It. H. Powell, Circuit Judge. For appellant we submit that the right to hold the property, claimed by him in his schedule, was guaranteed to him by the Constitution and laws of the State, and of which he could not be lawfully deprived. This right was judicially determined by the Independence Circuit Court in granting the mandamus, by which the Justice was compelled to discharge the duty required of him by law. No particular form for notice and schedule is prescribed by our statutes. Hence none was necessary. See Freeman on Executions, Section 218.…
1Opinion of the CourtSmith, J.
Bone had obtained a judgment against Ca-son before a Justice of the peace, and had taken out execution [thereon, which was levied upon a horse as the property of the defendant in the writ. Cason, pursuant to notice, filed with the Justice a schedule of his proj}erty, claiming the horse as exempt, and demanded a supersedeas, tendering the fee therefor. Bone resisted the issue o± this process, and the justice refused to issue it; in consequence of which the constable sold the horse. Afterjthe sale Cason applied to the Circuit court and obtained a peremptory writ of mandamus, requiring the…
2Cited by5 opinions
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Miller v. MintunSupreme Court of Arkansas · 1904
- Katz v. Herschel Mfg. Co.U.S. Circuit Court for the District of Nebraska · 1906
- Launius v. DrakeSupreme Court of Arkansas · 1917