Levy v. Lawson
Supreme Court of Arkansas
This was a proceeding by motion, under the statute, against Lawson, as sheriff of Pulaski county, upon an allegation that he had sold property, or made money on an execution in favor of Levy against Mitchell & Charles, sufficient to pay ofF the execution in whole or part, and failed to pay over; determined in Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clenbenin, one of the circuit judges.
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This was a proceeding by motion, under the statute, against Lawson, as sheriff of Pulaski county, upon an allegation that he had sold property, or made money on an execution in favor of Levy against Mitchell & Charles, sufficient to pay ofF the execution in whole or part, and failed to pay over; determined in Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clenbenin, one of the circuit judges. On the trial of the motion, Lawson produced the execution, on which he had returned that he took the body of Mitchell, and discharged him on his giving bond to keep the prison bounds.…
1Opinion of the Court
By the Court,
Lacy, J.
It is contended that, admitting the return to be false, yet the sheriff is only answerable for it by an ordinary suit on his official bond; and that the sixty-second and third sections of chapter sixty, of the Revised Statutes, establish this position. It is true that these sections give the party aggrieved on a false return, his action against the sheriff and his securities on his official bond; but they do not in express terms, or by necessary implication, exclude his remedy by motion. And section sixty-four of the same act expressly gives the remedy by motion against…
2Cited by1 opinion
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