Abbott v. Norman
Supreme Court of Arkansas
Appeal from Clark Circnit Court; Geo. R. Eaynie. Judge; 1. Appellee is liable under paragraph one for his failure to serve the writ. He was duly elected and qualified as constable and acted as such. 89 Ark. 488; 123 Id. 46. The law presumes that every officer has performed every duty enjoined on him by statute. A violation of that duty renders him liable. Kirby’s Dig. § 678; 23 iArk- 295. 2. The court erred in not rendering judgment for the penalties sued for.
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Appeal from Clark Circnit Court; Geo. R. Eaynie. Judge; 1. Appellee is liable under paragraph one for his failure to serve the writ. He was duly elected and qualified as constable and acted as such. 89 Ark. 488; 123 Id. 46. The law presumes that every officer has performed every duty enjoined on him by statute. A violation of that duty renders him liable. Kirby’s Dig. § 678; 23 iArk- 295. 2. The court erred in not rendering judgment for the penalties sued for. Kirby’s Dig., § § 4487, 4566, 4570, 355. He totally failed to serve the writ or return it. 3. The verdict, of the jury and judgment…
1Opinion of the Court
HART, J.,
(after stating the facts). The court
erred in reading section 678 of Kirby’s Digest to the jury and in instructing it that the right of the plaintiff to recover in the action depended upon whether or not the jury should find from a preponderance of the evidence that the bond provided for by section 678 of Kirby’s Digest had been given by Norman. It was shown by the two justices of peace of Missouri township that Norman was elected as constable of said township at the general election held in September, 1914. He told them that he had been sworn in as such constable. ,At any rate he…
2Cases cited4 opinions
- Pierce v. EdingtonSupreme Court of Arkansas · 1881
- Town of Weston v. SpragueSupreme Court of Vermont · 1882
- Youngblood v. CunninghamSupreme Court of Arkansas · 1882
- Carter v. StateSupreme Court of Arkansas · 1884
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- State v. BryantSupreme Court of Minnesota · 1928
- Samper v. Indiana Department of State RevenueIndiana Supreme Court · 1952
- Samper v. Indiana Department of State RevenueIndiana Supreme Court · 1952