McKinney v. Blakely
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; 1. Where there is any evidence tending to establish an issue, it is error to take the case from the jury. 63 Ark. 94. 2. When proof is made without objection of the untruth of an allegation in the complaint not specifically denied in the answer, the answer will be treated as amended to conform to such proof. 65 Ark. 422; 76 id. 468. 3. An officer may successfully defend an action for not selling goods levied upon by him…
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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. Where there is any evidence tending to establish an issue, it is error to take the case from the jury. 63 Ark. 94. 2. When proof is made without objection of the untruth of an allegation in the complaint not specifically denied in the answer, the answer will be treated as amended to conform to such proof. 65 Ark. 422; 76 id. 468. 3. An officer may successfully defend an action for not selling goods levied upon by him by showing that they did not belong to the defendant. 2 Freeman on Ex. § 304 and note 450. 1. There was no issue to…
1Opinion of the CourtMcCulloch, J.
This is an action on the bond of a constable to recover damages for failure to execute an order of general attachment issued at the instance of the plaintiff against certain property of the defendants in the action in which it was issue<¿. The defense is that the property in question belonged to other persons than the defendants in attachment — that the property had been sold and delivered by those defendants to the other persons before the writ came to' the hands of the constable.
The court instructed the jury to return a verdict in favor of the plaintiff, and that ruling is assigned as…
2Cases cited3 opinions
- Cross v. FombeySupreme Court of Arkansas · 1891
- Derrick v. ColeSupreme Court of Arkansas · 1895
- Merriman v. SarloSupreme Court of Arkansas · 1896
3Cited by1 opinion
- McClendon v. First National BankSupreme Court of Arkansas · 1914