Mayor v. Johnson
Supreme Court of Arkansas
Debt, on bail bond determined in Pulaski, before the Hon. John J. Clendenin, one of the circuit judes, in July, 1843. The Mayor and Aldermen of the city of Little Rock, for the use of the city, sued Johnson. The declaration states the filing of a declaration by the plaintiff in said court, against Sutton, Gray, and others, with an affidavit for bail writ, which was issued by the clerk, in vacation, properly endorsed.
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Debt, on bail bond determined in Pulaski, before the Hon. John J. Clendenin, one of the circuit judes, in July, 1843. The Mayor and Aldermen of the city of Little Rock, for the use of the city, sued Johnson. The declaration states the filing of a declaration by the plaintiff in said court, against Sutton, Gray, and others, with an affidavit for bail writ, which was issued by the clerk, in vacation, properly endorsed. That Gray was arrested and gave bail with Johnson, as security, setting out the bond with requisite certainty. That such proceedings were had that judgment was obtained against…
1Opinion of the Court
By the court,
Lacy J.
The point to be decided here is, does the declaration show a good cause of action. The demurrer to it goes to defeat the plaintiff’s right of recovery. Section 32, of chapter 116, of our Revised Statutes, declares that “the plaintiff in the original suit shall not be entitled to bring an action or scire facias on the bail bond until an execution against the property and body of the defendant, shall have been issued to the county in which the bail was taken and the same returned unsatisfied in whole or in part, and that the defendant could not be found within the county.”…
2Cited by1 opinion
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