Emerson v. Hopper
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court; Brice B. Hudgins, Judge; statement by the court. The appellee as constable levied upon a horse under an execution regular upon its face, issued on a judgment rendered against appellant by a justice of the peace, on a cost bond given by appellant to pay all costs that should accrue in a criminal prosecution instituted by the affidavit of appellant charging one James Picklesimer of the crime of slander.
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Appeal from Van Burén Circuit Court; Brice B. Hudgins, Judge; statement by the court. The appellee as constable levied upon a horse under an execution regular upon its face, issued on a judgment rendered against appellant by a justice of the peace, on a cost bond given by appellant to pay all costs that should accrue in a criminal prosecution instituted by the affidavit of appellant charging one James Picklesimer of the crime of slander. The appellant as the owner sought to replevy the horse. The circuit court held that replevin would not lie, and rendered judgment for appellee. The bond was…
1Opinion of the Court
Wood,-J.,
(after stating the facts). The law does not require a bond to be given by one who institutes a prosecution for a felony. Slander is a felony. Kirby’s Dig., § 1861.
The bond was void, and the judgment based thereon was coram non judiee and void. 5 Cvc. 746; Williams v. Skipwith, 34 Ark. 529; Walker v. Fetzer, 62 Ark. 135.
The judgment being void, the execution was also void. But the 'execution was regular on its face, and justified the officer in obeying its mandate. Bogert v. Phelps, 14 Wis. 89-92. See Townsly-Myrick Dry Goods Co. v. Fuller, 58 Ark. 181, 185. Before an order of…
2Cases cited4 opinions
- Crowell v. BarhamSupreme Court of Arkansas · 1893
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
- Williams v. SkipwithSupreme Court of Arkansas · 1879
- Walker v. FetzerSupreme Court of Arkansas · 1896
3Cited by3 opinions
- McIntosh v. Bullard, Earnheart & MagnessSupreme Court of Arkansas · 1910
- Cherry v. DillardSupreme Court of Arkansas · 1917
- Morrison v. BerrySupreme Court of Arkansas · 1926