Wilkerson v. Mobley
Supreme Court of Arkansas
Appeal from 'Clay Circuit Court, Western District; R. H. Dudley, Judge; STATEMENT OE EAOTS. This was a motion for summary judgment in the circuit court against the defendant, Polk Mobley, as sheriff of Clay County, and his sureties and E. C. Matheney as deputy sheriff, for a failure to make due return of an execution placed in the hands of said deputy in favor of Jas.
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Appeal from 'Clay Circuit Court, Western District; R. H. Dudley, Judge; STATEMENT OE EAOTS. This was a motion for summary judgment in the circuit court against the defendant, Polk Mobley, as sheriff of Clay County, and his sureties and E. C. Matheney as deputy sheriff, for a failure to make due return of an execution placed in the hands of said deputy in favor of Jas. Wilkerson against E. O. Michaels and others for $173.85 and the accrued interest, issued from the office of the Clay Circuit Clerk. The defense is that the return of the execution was prevented by the interference of the…
1Opinion of the CourtHart, J.
(after stating the facts.) It is well settled in this State that a sheriff should not be made liable under the statute for the non-return of an execution, when the failure to do so has been the result of the instruction or intermeddling of the plaintiff. The reason is that, where the failure of the sheriff to make the return is caused'by the plaintiff himself, he ought not to be permitted to obtain any advantage by it.
The statute in question is highly penal, and a partv invoking it must bring himself within both the letter and spirit of it. Therefore, he can do nothing which directly or…
2Cases cited1 opinion
- Bickham v. KosminskySupreme Court of Arkansas · 1905
3Cited by4 opinions
- Hamilton v. Pan American Southern Corp.Supreme Court of Arkansas · 1964
- McIlroy Banking Co. v. MillsSupreme Court of Arkansas · 1928
- Southern Credit Corp. v. AtkinsonSupreme Court of Arkansas · 1973
- Vinson Electric Supply, Inc. v. PoteeteSupreme Court of Arkansas · 1995