Wallace v. Collins
Supreme Court of Arkansas
This was an action of trespass, tried in the Washington Circuit Court, in November, 1841, before the Hon. Joseph M. Hoge, one of the circuit judges. Collins sued Watlace and one Burney, for taking away a horse. The defendants jointly pleaded the general issue, and each also filed a special plea of justification.
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This was an action of trespass, tried in the Washington Circuit Court, in November, 1841, before the Hon. Joseph M. Hoge, one of the circuit judges. Collins sued Watlace and one Burney, for taking away a horse. The defendants jointly pleaded the general issue, and each also filed a special plea of justification. Burney justified on the ground that two writs of execution were issued against Collins, by different justices, one in favor of Wallace, and one in favor of William E. Woodruff; that he, Burney, being then a constable, in Washington county, these writs came to his hands, to be…
1Opinion of the Court
By the Court,
Paschal, J.
There are three points in this case which the Court will notice. And we may first remark, that the record shows a good deal of irregularity. Leave was given to withdraw the special pleas, and to file amended pleas. It does not appear, however, that any pleas were withdrawn; or, if so, what amendments were made. It is unnecessary to consider the connection of Burney, as defendant, because the plaintiff elected to enter a nolle prosequi as to him, and to proceed against Wallace, alone.
Wallace filed a special plea, attempting to justify, under an execution, sued out on a…
2Cases cited2 opinions
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