Casey v. Scott
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conway, Judge;, 1. The property having been taken for a tax under a valid' ordinance authorized by statute, replevin could not be maintained against the officer having possession thereof. 57 Ark. 195; Kdnby’s Dig. § §5506, 6854, 6873. 2. There is no testimony that appellant ever had possession of the property replevied. “Plaintiff must show that at the time the writ was issued the property was in the defendant’s possession.”
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Appeal from Miller Circuit Court; Joel D. Conway, Judge;, 1. The property having been taken for a tax under a valid' ordinance authorized by statute, replevin could not be maintained against the officer having possession thereof. 57 Ark. 195; Kdnby’s Dig. § §5506, 6854, 6873. 2. There is no testimony that appellant ever had possession of the property replevied. “Plaintiff must show that at the time the writ was issued the property was in the defendant’s possession.” Cobbey on Replevin, § 433; 66 Ark. 135. A public officer is nqt .responsible, fop1 the.aqts qr omissions qf; sub,qpd,inates…
1Opinion of the CourtHhx, C. J.
Scott brought a, replevin• suit- for an .English foxhound, bitch against Casey, chief of-police, Crowell, .the .dogcatcher, and the city of Texarkana. , A-yerdict.in favor of the city was instructed, and a judgment, was rendered-against, the chief of police and the- dogcatcher, ¡and the, chief appealed .to this court. .The. dogcatcher did-,n.ot'.,appeal,,. ,L$any.;questions are presented and, discussed, but only ,one will be noticed,-as it is decisive of¡the,case.
Ah ordinance of-the city of Texarkana provided, for á dog tax and thp manner, of .collecting¡the--same, and. contained;..thjs…
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