Stillwell v. Bertrand
Supreme Court of Arkansas
Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. Bertrand had no cause of action against Fowler until he recovered a valid judgment against Mrs. Baker, the principal.
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Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. Bertrand had no cause of action against Fowler until he recovered a valid judgment against Mrs. Baker, the principal. The judgment against Mrs. Baker was void. 3 Grayéll, 412; 12 Sm. 4- Marsh. 67; 3 Mon. 267; 18 Ark. 63; 3 Yerger 396. The proper mode of pleading the statute of limitations to a set-off is to refer the accrual of the cause of action thereon to the commencement of the suit. 16 Ark. 196. A judgment rendered by a court of competent jurisdiction cannot be assailed in a collateral proceeding. 6 Eng. 519; 13 Ark.…
1Opinion of the Court
On the 18th of February, 1851, Bertrand sued out of the office of the clerk of the Pulaski circuit court a writ of attachment against Mary E. B. Yiser, which was executed on the same day by the sheriff’s attaching three slaves, as Mrs. Viser’s property. Upon the 20th of the same month, Mrs. Yiser, by the name of Mary E. B. Baker, with Luther Chase and Absalom Fowler as her securities, to release the slaves so attached, and to regain their possession, tendered to the sheriff of Pulaski county her bond for five hundred dollars, conditioned according to the law contained in sec. 13, Ch. 17, of…
2Cited by10 opinions
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- Winn v. SanfordMassachusetts Supreme Judicial Court · 1887
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