Brinkley v. Theiss

The judgment rendered in this cause rests mainly upon the act of 7th Jan. 1843, entitled “An act concerning judgments on delivery bonds.” In the case of McKnight vs. Smith, 5 Ark. Rep. 409, froin which this differs in no essential particular,it was held, 1st. That the motion which the act authorizes “ is substituted in place of an action on the delivery bond: ” 2d. That the proceedings in the original suit and the execution and delivery bond, although records of the court, belong to “ a different and distinct proceeding:” and 3d. That “ the execution and bond are nothing more' than evidence…