Crawford v. Furlong
Supreme Court of Arkansas
Error from Harvey District Court. This was an action of replevin, originally brought by the defendant in error against the sheriff and deputy sheriff of Harvey county, to recover the possession of certain personal property. The property was taken on execution by said officers, and claimed as exempt by the defendant in error.' The ■officers gave a redelivery bond and retained possession of the property.
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Error from Harvey District Court. This was an action of replevin, originally brought by the defendant in error against the sheriff and deputy sheriff of Harvey county, to recover the possession of certain personal property. The property was taken on execution by said officers, and claimed as exempt by the defendant in error.' The ■officers gave a redelivery bond and retained possession of the property. Afterward, in accordance with §45 of the code, •Crawford was substituted as defendant in the court below, in the place of the sheriff and his deputy. At the September Term, 1877, of the…
1Opinion of the Court
The opinion of the court was delivered by-
Horton, C.- J.:
It is claimed that the district court erred in refusing to sustain a demurrer to the evidence of the plaintiff in the court below. The argument is, that a demand is a prerequisite to the bringing of the action, and as the plaintiff rested his case without proving a demand, his cause of action was not made out. It appears from the record that after the demurrer was overruled, both parties proceeded with the trial; the defendant introduced further and additional evidence; and after'the arguments of counsel to the jury, plaintiff, with the…
2Cases cited1 opinion
- Kerrigan v. RayNew York Supreme Court · 1854
3Cited by7 opinions
- Wilhite v. WilliamsSupreme Court of Kansas · 1889
- Mills v. MillsSupreme Court of Kansas · 1888
- State v. ThompsonSupreme Court of Kansas · 1880
- First National Bank v. StaabSupreme Court of Kansas · 1918
- Starr v. HinshawSupreme Court of Kansas · 1880
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