Summers v. Heard
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. James S. Thomas, Judge. The appellants acted in good faith and without malice. Therefore the court’s instructions as to examplary damages were erroneous. 39 Ark. 387; 35 la. 306; 3 Suth. Dam. 472. The true measure of damages was the value of the property, with interest. 39 Ark. 387; 29 Ark. 448; 63 N. W. 737; 59 N. W. 387'; 49- Pac. 910; 3 Suth. Dam. 472-5, 491; 527-8, 572. The sixth instruction given for appellee was erroneous.
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Appeal from Monroe Circuit Court. James S. Thomas, Judge. The appellants acted in good faith and without malice. Therefore the court’s instructions as to examplary damages were erroneous. 39 Ark. 387; 35 la. 306; 3 Suth. Dam. 472. The true measure of damages was the value of the property, with interest. 39 Ark. 387; 29 Ark. 448; 63 N. W. 737; 59 N. W. 387'; 49- Pac. 910; 3 Suth. Dam. 472-5, 491; 527-8, 572. The sixth instruction given for appellee was erroneous. Appellee’s knowledge put him on notice of the fraud of the transfer to him. 58 Ark. 446; 21 S. W. 1026; 50 Tex. 106; 42 Minn. 519;…
1Opinion of the CourtBattle, J.
This action was instituted by S. F. Heard against Summers & Watson and others to recover damages caused by a constable, W. M. Graham, one of the defendants, levying on and selling a stock of drugs and other goods belonging to a partnership, composed of himself and O. F. Jenkins, or Jenkins' wife, to satisfy an execution in favor of the defendants, Summers & Watson, and against O. F. Jenkins, as well as executions in favor of others and against the same person. Plaintiff alleged in his complaint that, on or about the 13th day of April, 1895, he was in possession of a stock of drugs and other…
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