Mills v. Lewis
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. Appellant had executions issued on certain judgments it held against Wood & Tucker, a firm of merchants. The executions were placed in the hands of appellee Lewis.
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Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. Appellant had executions issued on certain judgments it held against Wood & Tucker, a firm of merchants. The executions were placed in the hands of appellee Lewis. They were issued May 6, 1905, and the return day was June 5. Lewis levied upon the goods of the debtors, and advertised same for sale on May 20, 1905. On that day Lewis demanded of the appellant through its attorney an indemnifying bond. Appellant failed to make a bond that was satisfactory, and Lewis thereupon postponed the sale until May 28, and put…
1Opinion of the Court
Wood, J.,
(after stating the facts). The fact that Lewis postponed the sale to May 28, 1905, showed that he had not neglected or refused to make sale of the property taken under the execution. He still had time to properly advertise and make sale of the property before the return day .of the execution. But for the fact that appellant had an alias execution issued and placed in the hands of another officer with directions to take charge of the goods and sell them, Lewis might have made the sale under the execution in his hands according to law. The judgment creditor had control over the…
2Cases cited4 opinions
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Williams v. StateSupreme Court of Arkansas · 1898
- Craig v. SmithSupreme Court of Arkansas · 1905
- Moore v. RooksSupreme Court of Arkansas · 1903
3Cited by3 opinions
- McIlroy Banking Co. v. MillsSupreme Court of Arkansas · 1928
- Endicott-Johnson Corporation v. DavisSupreme Court of Arkansas · 1933
- State Use Southern Finance Corporation v. WarnerSupreme Court of Arkansas · 1932