Legal Opinion

State ex rel. Peterson v. Gibson

Supreme Court of Arkansas

Decided January 15, 1860PublishedCited by 11 opinions

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,…

2Cited by11 opinions

  1. Tate v. GoodeSupreme Court of Georgia · 1911
  2. State ex rel. Pope v. Germania BankSupreme Court of Minnesota · 1908
  3. Kirker v. OwingsCourt of Appeals for the Sixth Circuit · 1899
  4. Pacific Bank v. Madera Fruit & Land Co.California Supreme Court · 1899
  5. Jackson County v. BloomerOregon Supreme Court · 1895

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