Bowen v. Lovewell
Supreme Court of Arkansas
Appeals from Mississippi 'Chancery Court; Charles D. Frierson, Chancellor; 1. As 'to the appeal bond. The court erred in overruling the demurrer to that part of t'he complaint which sought a recovery against the sureties upon the ¡bond given upon appeal from the judgment of the county court in the election contest .to the circuit court. The judgment under section 2862, Kirby’s Digest, is self-executing and as such is not subject to stay or supersedeas. 106 Ark. 433; 153 iS.
Read the full summary
Appeals from Mississippi 'Chancery Court; Charles D. Frierson, Chancellor; 1. As 'to the appeal bond. The court erred in overruling the demurrer to that part of t'he complaint which sought a recovery against the sureties upon the ¡bond given upon appeal from the judgment of the county court in the election contest .to the circuit court. The judgment under section 2862, Kirby’s Digest, is self-executing and as such is not subject to stay or supersedeas. 106 Ark. 433; 153 iS. W. 619. It was not .given in pursuance to any order of court. The bond was executed in the county court. It was an…
1Opinion of the CourtMcCulloch, C. J.
Appellant, Bowen, and appellee, Lovewell, were opposing candidates for the office of sheriff of Mississippi County at the general election held in September, 1900. Bowen was elected, according to the face of the returns, and Lovewell instituted a contest which continued in the courts until .after the expiration of the term of office. The county court 'decided the contest in 'favor of Lovewell, ibut the circuit court on appeal decided in favor of Bowen. This court reversed the judgment and remanded the case for a new trial, and the last judgment was in favor of Lovewell, finally adjudicating…
2Cases cited8 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- Burton v. LarkinSupreme Court of Kansas · 1887
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Thomas Manufacturing Co. v. PratherSupreme Court of Arkansas · 1898
- Baxter v. BrooksSupreme Court of Arkansas · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dillard v. KelleySupreme Court of Arkansas · 1943
- Carlson v. American Fidelity Co.Supreme Court of Minnesota · 1921
- State Ex Rel. Lee v. McMillinSupreme Court of Arkansas · 1935