G. F. Harvey Co. v. Huddleston
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; The court erred- in not giving a peremptory instruction in favor of the appellant. The constable’s failure to make a return on the execution rendered him and his bondsmen liable for -the amount of money specified in such execution.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; The court erred- in not giving a peremptory instruction in favor of the appellant. The constable’s failure to make a return on the execution rendered him and his bondsmen liable for -the amount of money specified in such execution. Kirby’s Digest, Sec. 3286. Conduct of the plaintiff which falls short of showing that the non-return of the execution resulted from his acts and instructions, is not sufficient to excuse the officer. 47 Ark. 373-8; 22 Ark. 524. Failure to make the return within the time required by the statute is a…
1Opinion of the CourtHart, J.
The G. F. Harvey Co. sued N. N. Huddleston, as constable, and the sureties on his bond, for his neglect or refusal to execute or levy an execution, and also for failing to make a return on said execution on or before the return day therein specified.' The constable and his sureties answered admitting that the execution came into the constable’s hands, and ,tKe failure to levy or make a return, and as a defense to the action claim that the failure to levy and the non-return of the execution resulted from the act or instructions of the plaintiff’s attorney. The material facts are as follows:
The…
2Cases cited2 opinions
- Bickham v. KosminskySupreme Court of Arkansas · 1905
- Craig v. SmithSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Efurd v. HacklerSupreme Court of Arkansas · 1998
- 555, Inc. v. BarlowCourt of Appeals of Arkansas · 1981