Hawkins v. Taylor
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Taylor was plaintiff in a judgment in the circuit court of Franklin county against P. R. Cravens & Co., upon which execution was issued on February 26, 1890, and on same day placed in the hands of J. D. Hawkins, sheriff of Crawford county.
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Appeal from Crawford Circuit Court. Taylor was plaintiff in a judgment in the circuit court of Franklin county against P. R. Cravens & Co., upon which execution was issued on February 26, 1890, and on same day placed in the hands of J. D. Hawkins, sheriff of Crawford county. On the 26th day of April, 1890, he, as such sheriff, endorsed the execution, “no property found,” and, on April 28, 1890, mailed the execution with his return endorsed thereon to the circuit clerk of Franklin county, by whom it was received on the same day. On May 12, 1890, notice was served on Hawkins of a motion for…
1Opinion of the CourtCoCKRlLL, C. J.
L ^ability failure to return execution
1. “Por failure to return an execution ’ ’ the statute imposes upon a sheriff a penalty # equal to the amount of the judgment and costs and ten per cent, thereon. Mansf. Dig. sec. 3964.
Por failure to “ return any such execution on or before the return day therein specified” a statute, which was in force when the first was enacted, imposed a penalty of the “whole amount of money in such execution specified,” and no more. Id. sec. 3061. There is no such plain repugnance between the two provisions that the latter must yield and give place exclusively to the…
2Cases cited5 opinions
- Haley v. YoungMassachusetts Supreme Judicial Court · 1883
- Jett v. ShinnSupreme Court of Arkansas · 1886
- Reeves v. SherwoodSupreme Court of Arkansas · 1885
- Elsey v. FalconerSupreme Court of Arkansas · 1883
- Zerger v. QuillingSupreme Court of Arkansas · 1886
3Cited by20 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Storey v. BrewerSupreme Court of Arkansas · 1960
- Mayfield Woolen Mills v. LewisSupreme Court of Arkansas · 1909
- Leak Glove Manuf'g Co. v. NeedlesCourt of Appeals for the Eighth Circuit · 1895
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