Pool v. Loomis
Supreme Court of Arkansas
This was an action of replevin, determined in the Phillips Circuit Court, in September, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. William B. Pool sued Warner P. Loomis, in replevin in the cepit, for a negro girl.
Read the full summary
This was an action of replevin, determined in the Phillips Circuit Court, in September, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. William B. Pool sued Warner P. Loomis, in replevin in the cepit, for a negro girl. On the writ issued in the case, the officer made the following return: “By virtue of this writ, to me directed, I did, on the first day of November, 1842, at Phillips county, replevin the property within described, found in the possession of the within named Warner P. Loomis, to wit: one negro girl, of-black complexion, about eight years of age, and called…
1Opinion of the Court
By the Court,
Ríngo, C. J.
Several questions are presented by the record and -assignment of errors. The first is, did the Court below err in dismissing the suit on the appellee’s motion 1 This motion is based solely upon the ground, that the return to the writ of replevin does not show a valid legal execution of the writ on the defendant. That the return is defective, and wholly insufficient to bind the defendant below to appear to the action, or, in default of his appearance, to authorize a judgment against him, theré can, in our opinion, be but little doubt, because it not only appears…
2Cases cited3 opinions
- Hughes v. MartinSupreme Court of Arkansas · 1839
- Hartley v. TunstallSupreme Court of Arkansas · 1840
- Carter v. MenifeeSupreme Court of Arkansas · 1842
3Cited by5 opinions
- Skidaway Shell-Road Co. v. BrooksSupreme Court of Georgia · 1886
- Taylor v. LandherrCourt of Appeals of Arkansas · 2008
- Grider v. CorbinAppellate Division of the Supreme Court of the State of New York · 1907
- Light v. SelfSupreme Court of Arkansas · 1919
- Young v. RidenbaughU.S. Circuit Court for the District of Western Missouri · 1875