Legal Opinion

Davidson v. Mayhue

Supreme Court of Arkansas

Decided October 11, 1915PublishedCited by 2 opinions

Appeal from Independence Circuit Court; Dene 11. Coleman, Judge; STATEMENT BY THE COURT. This suit was instituted by the appellant against the appellees on February 23, 1915. The complaint alleged that Maggie Mayhue instituted attachment suits against W. L. Davidson before a justice of the peace, one suit being for the sum of $200 and the other for the sum of $220, money alleged to be due for rent on certain lands for the year 1912; that -attachments were issued and a bond…

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Appeal from Independence Circuit Court; Dene 11. Coleman, Judge; STATEMENT BY THE COURT. This suit was instituted by the appellant against the appellees on February 23, 1915. The complaint alleged that Maggie Mayhue instituted attachment suits against W. L. Davidson before a justice of the peace, one suit being for the sum of $200 and the other for the sum of $220, money alleged to be due for rent on certain lands for the year 1912; that -attachments were issued and a bond executed in each case by Maggie Mayhue, with W. A. Mayhue as surety, the bonds being in double the amount sued for; that…

1Opinion of the CourtWood, J.

(after stating the facts). The court did not err in dismissing appellant’s complaint. Section 381 of Kirby’s Digest provides: “In Ml actions of attachment in which the defendant shall recover judgment for the discharge of the attachment, the court or jury trying said attachment shall assess the damages sustained toy the defendant toy reason of such attachment, and the court shall render judgment against the plaintiff and his sureties in the attachment toond for the amount of such damages and cost of the attachment.”

The statute contemplates that the court or jury trying the question as to…

2Cases cited4 opinions

  1. Holliday Bros. v. CohenSupreme Court of Arkansas · 1879
  2. Ederheimer v. Carson Dry Goods Co.Supreme Court of Arkansas · 1912
  3. Lochridge Dry Goods Co. v. DanielsSupreme Court of Arkansas · 1914
  4. Rodgers v. CadesSupreme Court of Arkansas · 1912

3Cited by2 opinions

  1. Smyrna Baptist Church v. BurbridgeSupreme Court of Arkansas · 1943
  2. Sonsee v. Jones & GreenSupreme Court of Arkansas · 1923

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