Milor v. Farrelly
Supreme Court of Arkansas
Error to Pulaski Circuit Court. lion. Liberty Bartlett, Circuit Judge. The statute, as to this summary proceeding, must he strictly construed, and every fact necessary to the jurisdiction of the court must appear of record. 8 Humph.,.318; 3 Ycrg., 355; id., 85; 7 Ycrg., 365 ; 8 id., 101. The record should have shown that the court found that Milor was sheriff; (7 Ala., 46 ;) that the other defendants were sureties; (3 Humph., 313;) that Milor had collected money on the…
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Error to Pulaski Circuit Court. lion. Liberty Bartlett, Circuit Judge. The statute, as to this summary proceeding, must he strictly construed, and every fact necessary to the jurisdiction of the court must appear of record. 8 Humph.,.318; 3 Ycrg., 355; id., 85; 7 Ycrg., 365 ; 8 id., 101. The record should have shown that the court found that Milor was sheriff; (7 Ala., 46 ;) that the other defendants were sureties; (3 Humph., 313;) that Milor had collected money on the executions, (1 Ala., 635,) and that demand had been made on him. 6 Porter, 48. The proceeding could not be had against the…
1Opinion of the CourtBowen, J.
Under the provisions of chapter 97, of Gould’s Digest, Charles G. Farrelly, as administrator of the_ estate of Fred. Heinz, deceased, moved the circuit court of Pulaski county, on the 23d of November, A. D. 1867, for- a summary judgment against Yolney Y. Milor, as late sheriff of Sebastian county, and Daniel McCoy, P. F. Chapman, Charles Milor and Edward Czarinkow, securities on his official bond, for failure on the part of Milor, as sheriff of Sebastian county, to pay over money, collected by him on two certain executions in favor of said Farrelly, as administrator of said Heinz, deceased,…
2Cases cited2 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Cuthbert v. WolfeSupreme Court of Alabama · 1851
3Cited by6 opinions
- Cooley v. LovewellSupreme Court of Arkansas · 1910
- Davies & Davies v. PattersonSupreme Court of Arkansas · 1917
- Perry County v. GatlinSupreme Court of Arkansas · 1932
- Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1913
- Cook v. Cramer Cotton Co.Supreme Court of Arkansas · 1922
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