State ex rel. Peterson v. Gibson
Supreme Court of Arkansas
Error to Union Circuit Court. Hon. Abner A. Stitii, Circuit Judge. It was error to refuse the introduction of the evidence by which it was shown that the receiver had applied thé effects of his receivership to his own private use, and afterwards refused to account for them, as this was the very substance of all the issues.
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Error to Union Circuit Court. Hon. Abner A. Stitii, Circuit Judge. It was error to refuse the introduction of the evidence by which it was shown that the receiver had applied thé effects of his receivership to his own private use, and afterwards refused to account for them, as this was the very substance of all the issues. The jury should have been sworn to enquire into the truth of the breaches as to Sargent, who made default, and to truly assess the damages, 2 Ark. 382; 1 Eng. 490. But one final judgment shall be given in a cáse (sec. SO, chap. 126, Dig.', 6 Eng. 642), and the court erred…
1Opinion of the Court
Mr. Chief Justice
English delivered the opinion of the Court.
This was an action of debt brought in the name of the State for the use of Frederick A. Peterson, in the Union Circuit Court, against Edward N. Gibson, Cyrus F. Sargent, Joel Kelly and Matthew Lambert.
The action was founded on a penal bond, executed by the defendants, payable to the State, conditioned as follows:
“ The condition of the above obligation is such that whereas one Henry Cossart has filed his bill in chancery, in the Circuit Court of said county of Union, and to the next term thereof, against one Frederick A. Peterson,…
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- Jackson County v. BloomerOregon Supreme Court · 1895
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