Herr & Co. v. Atkinson
Supreme Court of Arkansas
APPEAL from Boone Circuit Court. Hon. J. H. Beret Circuit Judge. This is a summary action under Seo. 3651, Gantt's Dig. This section has been strictly construed in Norris v. State, 22 Ark., 524. Eor rulings of other States on similar statutes see Milburn v. State, 11 Mo.; Noble v. Whetstone, 45 Ala., Freeman on Ex., seo. 368, and authorities there cited.
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APPEAL from Boone Circuit Court. Hon. J. H. Beret Circuit Judge. This is a summary action under Seo. 3651, Gantt's Dig. This section has been strictly construed in Norris v. State, 22 Ark., 524. Eor rulings of other States on similar statutes see Milburn v. State, 11 Mo.; Noble v. Whetstone, 45 Ala., Freeman on Ex., seo. 368, and authorities there cited. Gantt's Dig., seo. 2852, provides that no sheriff shall be compelled to execute process, unless fees be paid or tendered, &c. But this utterly fails to include failure to return when they fail to execute, &e.
1Opinion of the CourtEnglish, C. J.
This was a summary proceeding, under the statute, by Charles H. Herr & Co., against John D. Atkinson, sheriff of Boone county, and the sureties on his official bond, for failing to return an execution.
Plaintiff's alleged, in substance, that they recovered a judgment in the Circuit Court of Boone county against Carroll Brothers for $722.83, and on the 20th May, 1881, caused the Clerk of the Court to issue an execution thereon, in the name of the State, directed to the Sheriff of Boone county, commanding him to cause to be made of the estates of defendants therein, said sum of $722.83, and that…
2Cases cited3 opinions
- Norris v. State ex rel. Derton's adr.Supreme Court of Arkansas · 1861
- Brown v. BakerSupreme Court of Alabama · 1839
- Noble & Bro. v. WhetstoneSupreme Court of Alabama · 1871
3Cited by4 opinions
- Leak Glove Manuf'g Co. v. NeedlesCourt of Appeals for the Eighth Circuit · 1895
- Southern Credit Corp. v. AtkinsonSupreme Court of Arkansas · 1973
- Vinson Electric Supply, Inc. v. PoteeteSupreme Court of Arkansas · 1995
- Wilson v. YoungSupreme Court of Arkansas · 1894