Loftin v. State
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. E. H. Powell Circuit Judge. 1. This court will reverse rvhere the court below improperly, or without a careful and considerate exercise of •■discretion, refuses a continuance for good cause shown. 2. The verdict is-not responsive to the issue, and upon “the verdict, a judgment for the penalty of the bond could not be rendered, without a finding by the jury of the truth •of the breaches of the boud.
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APPEAL from Lawrence Circuit Court. Hon. E. H. Powell Circuit Judge. 1. This court will reverse rvhere the court below improperly, or without a careful and considerate exercise of •■discretion, refuses a continuance for good cause shown. 2. The verdict is-not responsive to the issue, and upon “the verdict, a judgment for the penalty of the bond could not be rendered, without a finding by the jury of the truth •of the breaches of the boud. Gantt’s Dig., secs. 4391 — 5; 1 Ark., 137; 6 lb., 497; 101b. 256. 3. Due care was used, and as to the degree of care required by an officer, see Drake on…
1Opinion of the CourtSmith, J.
This action was against a sheriff and the sureties on his official bond. The breach assigned was, that the principal in the bond, by virtue of an attachment issued and to him directed in a cause then depending, wherein the present relators were defendants, had seized and taken into his possession two rafts of timber of the value of seven hundred and fifty dollars ; that the attachment was afterwards dissolved and restitution of the property ordered, but the sheriff had failed after demand, to redeliver it, the same having been so negligently kept that while in the sheriff’s custody, it was…
2Cited by6 opinions
- Jones v. StateSupreme Court of Arkansas · 1895
- Miller v. StateSupreme Court of Arkansas · 1910
- Price v. StateSupreme Court of Arkansas · 1893
- Smedley v. StateSupreme Court of Arkansas · 1917
- Holub v. StateSupreme Court of Arkansas · 1917
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