Tucker v. Hawkins
Supreme Court of Arkansas
Appeal from Monroe Chancery Court. Jno. M. Eeeiott, Chancellor. The complaint sets up a cause of action, and the evidence .fully sustains its allegations. The defendant had the right to return the property and be discharged from liability, no damages being assessed for detention of the property. 20 Ark. 283; 14 Ark. 427; 50 Ark. 303. Judgment in replevin must be in the alternative, but it is not optional with either party to demand, a money satisfaction of the judgment.
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Appeal from Monroe Chancery Court. Jno. M. Eeeiott, Chancellor. The complaint sets up a cause of action, and the evidence .fully sustains its allegations. The defendant had the right to return the property and be discharged from liability, no damages being assessed for detention of the property. 20 Ark. 283; 14 Ark. 427; 50 Ark. 303. Judgment in replevin must be in the alternative, but it is not optional with either party to demand, a money satisfaction of the judgment. Sand. & H. Dig. § 6398; :SO Ark. 303 ; 37 Ark. 550. Without special authority, an attorney cannot compromise his client’s…
1Opinion of the CourtBattle, J.
About the nth day of December, 1897, Calvin Tucker, now deceased, and D. D. McCright instituted a suit in the Monroe chancery court, against W. M. Hawkins, and T. H. 'Jackson and W. E. Williams, sheriffs, respectively, of Monroe and St. Francis counties. On the 24th of October, 1899, the defendants recovered a decree against the plaintiffs. The decree recites that plaintiffs, to sustain their complaint, introduced a judgment in a certain action of replevin, and the execution that was issued thereon, and the depositions of S. B. Kelly, M H. Vaughan, T. E. Vaughan, and W. T. Tucker; and the…
2Cases cited4 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Railway Co. v. AmosSupreme Court of Arkansas · 1891
- McKinney v. DembySupreme Court of Arkansas · 1884
- Cox v. GressSupreme Court of Arkansas · 1888
3Cited by9 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Slade v. United StatesCourt of Appeals for the Tenth Circuit · 1936
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- Bouldin v. JenningsSupreme Court of Arkansas · 1909
- Lourance v. LankfordSupreme Court of Arkansas · 1913
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