Kelly v. Garvin, Carson & Co.
Supreme Court of Arkansas
Appeal from the Circuit Court of Benton county. This was a suit upon a recognizance given to stay proceedings on a judgment in the Circuit Court pending an appeal to the Supreme Court. The plea and replication upon which the decision turns are stated, in substance, in the opinion of the Court.
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Appeal from the Circuit Court of Benton county. This was a suit upon a recognizance given to stay proceedings on a judgment in the Circuit Court pending an appeal to the Supreme Court. The plea and replication upon which the decision turns are stated, in substance, in the opinion of the Court. The cause was argued before the Hon. Thomas Johnson, 0. J., and Hon. C. C. Scott, J. The forfeited delivery bond set forth in the plea became a statutory judgment and a satisfaction of the execution and former judgment which was merged in and extinguished by it. Ark. Dig.,p. 500 to 502. Camp v. Laid, 6…
1Opinion of the CourtChief Justice Johnson
The evidence introduced by the appellees in the Court below, was fully sufficient to entitle them to a verdict as far as the issues on the two first pleas were concerned. The first was nul tiel record as to the judgment, and the second, the same as to the recognizance. To negative the truth of these pleas, the record introduced was full and conclusive. To the third, a demurrer was sustained, and the motion for a new trial not having brought the question of the correctness of that decision before the inferior court, it is consequently out of the case as it stands in this Court. (See Berry v.…
2Cases cited4 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
- Walker v. BradleySupreme Court of Arkansas · 1840