Ferguson v. Glidewell
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Judge. The court erred in declaring the law. Sec. 337, Mansf. Dig. (which was sec. 41® °f Gantt’s), provides for a dissolving bond, which, when given, eliminates the attachment branch from the case aud binds the surety on the dissolving bond to “perform the judgment of the court,” whatever that may be. See Waples on Attachment and Garnishment, p. 397; 2 Metcalf (Ky.), 445 and 558 ; 4 Bush.
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APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Judge. The court erred in declaring the law. Sec. 337, Mansf. Dig. (which was sec. 41® °f Gantt’s), provides for a dissolving bond, which, when given, eliminates the attachment branch from the case aud binds the surety on the dissolving bond to “perform the judgment of the court,” whatever that may be. See Waples on Attachment and Garnishment, p. 397; 2 Metcalf (Ky.), 445 and 558 ; 4 Bush. (Ky.),445; 18 Kansas, 236; 3 Mo., 409; 31 Tex., 207; 23 Kansas, 113; 7 111., 458; 40 Mich., 210; 7.0 Pa., 248; 82 N. Y., 114; 24 Wis., 143; 29 Ohio…
1Opinion of the CourtBattle, J.
Eerguson brought suit against W. F. Moore on an account, and sued out an attachment on the Alleged ground that Moore was about to sell his property with the intent to defraud his creditors. The constable levied the order of attachment on certain property of Moore, who caused a bond to be executed to Ferguson by H. E. Clidewell, as surety, to the effect that Moore would perform the judgment of the court. The bond was approved and the property released. Moore filed an affidavit denying the statement of the affidavit of plaintiff upon which the attachment was issued. Judgment was rendered in…
2Cases cited10 opinions
- Kennedy v. MorrisonTexas Supreme Court · 1868
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- Dierolf v. WinterfieldWisconsin Supreme Court · 1869
- Paddock v. MatthewsMichigan Supreme Court · 1853
- Bartlett v. HydeSupreme Court of Missouri · 1834
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3Cited by16 opinions
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