Legal Opinion

Rice v. Wood

Supreme Court of Arkansas

Decided January 4, 1896PublishedCited by 4 opinions

Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. On the 15th day of December, 1890, Jones & Fulton, a firm of merchants in Hot Springs, Arkansas, executed the following instrument: “Know all men by these presents, that, for and in consideration of the sum of $8,000.00, to be paid as follows: $4,392.86 credited on the debt we owe Rice, Stix & Co. of St. Louis, Mo.; $1,804.73 credited on the debt which we owe the Clark Shoe Company, of St.…

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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. On the 15th day of December, 1890, Jones & Fulton, a firm of merchants in Hot Springs, Arkansas, executed the following instrument: “Know all men by these presents, that, for and in consideration of the sum of $8,000.00, to be paid as follows: $4,392.86 credited on the debt we owe Rice, Stix & Co. of St. Louis, Mo.; $1,804.73 credited on the debt which we owe the Clark Shoe Company, of St. Louis, Mo.; $278.58 credited on the debt we owe Pratt, Simmons & Co. of St. Louis, Mo.; $147.00 to be paid by the…

1Opinion of the Court

Harrod, Sp. J.,

Liability of indemnitor for wrongful levy.

(after stating the facts). The appellees contend that the judgment should be affirmed, without regard to whether there were errors committed against the appellants at the trial, because, as they claim, the suit instituted by the plaintiffs cannot be maintained under the law. They claim that the bond was personal to the sheriff, and that he alone can sue on it, and that he cannot sue until he has been damaged. It is also said that the statute makes no provisions for an indemnity bond in attachment cases. And it is further urged as a…

2Cases cited2 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Wood v. KeithSupreme Court of Arkansas · 1895

3Cited by4 opinions

  1. Harris v. WagshalDistrict of Columbia Court of Appeals · 1975
  2. Counts v. KarySouth Dakota Supreme Court · 1941
  3. Dorrance v. McAlesterCourt Of Appeals Of Indian Territory · 1898
  4. Gibson v. Ark. Southern Production Co.Supreme Court of Arkansas · 1959

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