Legal Opinion

Town v. Evans

Supreme Court of Arkansas

Decided January 15, 1850PublishedCited by 15 opinions

Appeal from the Washington Circuit Court. Replevin, in the cepit, by Evans, against Town, for a printing press, type, &c. Town pleaded non cepit, and property in himself; issues, trial, and verdict and judgment for plaintiff Error by defendant, and the case reversed, and remanded. See Touni vs. Evans, 1 Eng. R. 260. After the case was remanded, at the April term, 1849, there was a mistrial, and the cause continued.

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Appeal from the Washington Circuit Court. Replevin, in the cepit, by Evans, against Town, for a printing press, type, &c. Town pleaded non cepit, and property in himself; issues, trial, and verdict and judgment for plaintiff Error by defendant, and the case reversed, and remanded. See Touni vs. Evans, 1 Eng. R. 260. After the case was remanded, at the April term, 1849, there was a mistrial, and the cause continued. Whereupon, on application and showing by defendant, the court ordered “ that plaintiff file a good and sufficient bond to said defendant, in the sum of $100, conditioned for the…

1Opinion of the CourtChief Justice Johnson

The court below was well warranted in dismissing the cause on account of the failure of the plaintiff to file a bond for costs on or before the day named in the rule. True it is that the time might have been extended, if the court, in the exercise of a sound discretion had seen fit, for the advancement of justice, to do so; but, when it is shown that the time given had expired, and that the act required had not been done, we do not feel authorized to say that the court committed error in refusing permission: and that, too, after a motion had been made to dismiss. The 4th sec., ch. 40, Dig.,…

2Cited by15 opinions

  1. State ex rel. Robinson v. Craighead County Board of Election CommissionersSupreme Court of Arkansas · 1989
  2. Merchants' Transfer & Warehouse Co. v. GatesSupreme Court of Arkansas · 1929
  3. McDonald v. WassonSupreme Court of Arkansas · 1934
  4. Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
  5. Road Improvement District No. 1 v. HendersonSupreme Court of Arkansas · 1922

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