Lawson v. State
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County. Debt by the State of Arkansas, use of Ashley & Watkins, upon the official bond of Lawson, as sheriff of Pulaski county, against him, Anthony, DeBaun and Thorn as his securities in the bond.
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Writ of Error to the Circuit Court of Pulaski County. Debt by the State of Arkansas, use of Ashley & Watkins, upon the official bond of Lawson, as sheriff of Pulaski county, against him, Anthony, DeBaun and Thorn as his securities in the bond. The declaration assigned as a special breach of the bond, that Ashley & Watkins, on the 8th day of June, 1842, sued out a fieri facias upon a judgment which they had previously obtained in the Pulaski Circuit Court against G. W. Whitaker, and placed it in the hands of Lawson for execution. That they directed him to seize and levy upon a certain lot of…
1Opinion of the Court
Mk. Justice Walker,
delivered the opinion of the court.
This suit is brought against Lawson and his securities on his official bond as sheriff. The breach of official duty is that he refused to levy an execution on property when directed by the plaintiff in execution so to do. The defendants filed four special pleas, numbered 3, 4, 5, 6; to each of which a demurrer was sustained.
As the whole question in this case is dependent upon a proper construction of the duty and responsibility of the sheriff, who receives an execution to be levied, we will proceed at once to lay down what we understand to…
2Cited by1 opinion
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