O'Brien v. Alford
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellees sued W. F. DeLong to replevy a promissory note. The order of replevin contained a capias clause, under which DeLong was taken into custody.
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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellees sued W. F. DeLong to replevy a promissory note. The order of replevin contained a capias clause, under which DeLong was taken into custody. DeLong executed the following bond: “We undertake and are bound to J. E. Roberts, sheriff of Mississippi County, Arkansas, and to J. T. & M. M. Alford, plaintiffs herein,.in the sum of eighteen hundred dollars, that the defendant, W. F. DeLong shall abide the order and judgment of the court in this action, and that ¡he will deliver to the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question on this appeal is whether or not the court erred in finding that the bond set out above is a statutory bond as prescribed by section 6863, of Kirby’s Digest, which provides that the defendant “may cause a bond to be executed to the plaintiff in the presence of the sheriff by one or more sufficient sureties in double the value of the property to be affected that the defendant shall perform the judgment of the court in the action.”(1) The bond under consideration is sufficient in terms to constitute a delivery bond within the meaning of…
2Cases cited5 opinions
- Crawford v. Ozark InsuranceSupreme Court of Arkansas · 1911
- State v. SmithSupreme Court of Arkansas · 1883
- Erickson v. ElderSupreme Court of Minnesota · 1885
- Jackson v. StateSupreme Court of Kansas · 1883
- Duncan v. OwensSupreme Court of Arkansas · 1886
3Cited by4 opinions
- Chapman v. ClaybrookSupreme Court of Arkansas · 1927
- Daniels v. WagnerSupreme Court of Arkansas · 1922
- McHaney v. BrownSupreme Court of Arkansas · 1931
- Watson v. KeebeySupreme Court of Arkansas · 1927