Day v. Ferguson
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District. Ed. Jacobs held judgment against C. T. & J. E. Jones, under which he procured successive executions to be levied upon certain logs and pilings as their property. As often as the sheriff made levies, replevin suits were instituted by the appellees, Ferguson & Wheeler, who claimed the logs, against D. P. Day, the officer who made the levies.
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Appeal from Clay Circuit Court, Western District. Ed. Jacobs held judgment against C. T. & J. E. Jones, under which he procured successive executions to be levied upon certain logs and pilings as their property. As often as the sheriff made levies, replevin suits were instituted by the appellees, Ferguson & Wheeler, who claimed the logs, against D. P. Day, the officer who made the levies. It is conceded that the logs in controversy were in the hands of Ferguson & Wheeler when levied on. The evidence was to the effect that it belonged to them. There was no evidence to prove that it belonged to…
1Opinion of the CourtHiuu, C. J.
There are but two questions presented in this case — one as to the sufficiency of the evidence, and the other as to the remarks of counsel for appellee in his closing argument.
The court 'is of opinion that the evidence is sufficient to sustain the verdict, and, the instructions not being questioned, the judgment must be affirmed, unless the remarks of counsel call for a reversal.
The record shows the argument and proceedings thereon as follows: “Who is this fellow, Ed. Jacobs ? He is nothing but a Jew down here at Knoble,' without any conscience, and are you going to take the property levied…
2Cases cited5 opinions
- Holder v. StateSupreme Court of Arkansas · 1894
- Chicago, Burlington & Quincy Railroad v. KelloggNebraska Supreme Court · 1898
- Kansas City, Fort Scott & Memphis Railroad v. SokalSupreme Court of Arkansas · 1895
- Redd v. StateSupreme Court of Arkansas · 1898
- German-American Insurance v. HarperSupreme Court of Arkansas · 1902
3Cited by6 opinions
- Briley v. WhiteSupreme Court of Arkansas · 1946
- Mo. Pac. Ry. Co., Thompson v. Shell, Admx.Supreme Court of Arkansas · 1945
- Pratt v. StateSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. CraigSupreme Court of Arkansas · 1906
- English v. AndersonSupreme Court of Arkansas · 1905
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