Jett v. Shinn
Supreme Court of Arkansas
APPEAL from Johnson Circuit Coutt. Hon. G. S. Cunningham, Circuit Judge. A writ without signature or seal, while mandatory to a high; degree in language, would still evidence no great regularity for protection to the officer,' and so far fail as hot to make it obligatory upon him to serve it.
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APPEAL from Johnson Circuit Coutt. Hon. G. S. Cunningham, Circuit Judge. A writ without signature or seal, while mandatory to a high; degree in language, would still evidence no great regularity for protection to the officer,' and so far fail as hot to make it obligatory upon him to serve it. It would not justify an arrest, nor would a sale under it convéy title. ' ‘ The irregularities of a writ which a sheriff must overlook are such as in case of a sale would not affect the title. Freeman on Ex., sec. 103; Cooley on Torts., p. i"j2. While it has been held that a writ without signature or…
1Opinion of the CourtSmith, J.
The- complaint alleged that, by the consideration of the Pope circuit court, the plaintiff,. Shinn, had recovered judgment against one Battenfield fo.r $1306.34 debt, $108 damages, and costs of suit; -that o-n the 29th of November, 1884, he caused the clerk of said court to issue an execution upon said judgment, directed to the sheriff of Johnson county, and returnable within - sixty days; that this writ came to the hands of said sheriff oh the 2d of December, 1884, and was by him accepted, and levied on the 4th day of the same month on lands of the defendant; but no sale, was had thereunder,…
2Cases cited3 opinions
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- Dailey v. StateMississippi Supreme Court · 1879
3Cited by12 opinions
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Bickham v. KosminskySupreme Court of Arkansas · 1905
- Smith v. DrakeSupreme Court of Arkansas · 1927
- Hill v. WoodberryCourt of Appeals for the Eighth Circuit · 1892
- Jones v. GoodbarSupreme Court of Arkansas · 1895
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