Moore v. Rooks
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court. Thomas P. McGovern, Special Judge. STATEMENT BY THE COURT. This is an action against sureties on a constable’s bond. The complaint alleges that the plaintiffs, Wm.
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Appeal from Poinsett Circuit Court. Thomas P. McGovern, Special Judge. STATEMENT BY THE COURT. This is an action against sureties on a constable’s bond. The complaint alleges that the plaintiffs, Wm. R. Moore & Co., recovered a judgment against S. G. Stone before a justice of the peace in Bolivar township, in Poinsett county; that one C. C. Claunch was constable of that township; that an execution was issued on the judgment, and placed in the hands of Claunch, as constable, who levied the same on personal property belonging to Stone. The defendants, Rooks and Bratcher, are sureties on the…
1Opinion of the Court
Riddick, J.,
(after stating the facts) .This is an action against sureties on a constable’s bond to recover the penalty provided by statute against an officer for neglect or failure to make sale of property taken under an execution or for failing to return an execution. Sand. & H. Dig. § 3107. No actual damages are alleged or proved. There can be no question that the facts stated in the answer relieve the bondsmen from liability to a penalty on account of a failure of the constable to make return of the writ, for it is alleged that he died before the time for making the return had expired. As…
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