Legal Opinion

Lewis v. Pearson Co.

Supreme Court of Arkansas

Decided April 26, 1915PublishedCited by 1 opinion

Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; STATEMENT by the court. Appellee brought this suit against appellant, alleging that appelant was the sheriff of Crittenden County, Arkansas ; that on the 18th of October, 1909, in the common pleas court of Crittenden County appellee recovered judgment against the firm of A. D. Humphries & Son for the sum of $319.39, which with interest amounted to ■$340.95, .and costs of the action which amounted to $10.75; that on…

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Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; STATEMENT by the court. Appellee brought this suit against appellant, alleging that appelant was the sheriff of Crittenden County, Arkansas ; that on the 18th of October, 1909, in the common pleas court of Crittenden County appellee recovered judgment against the firm of A. D. Humphries & Son for the sum of $319.39, which with interest amounted to ■$340.95, .and costs of the action which amounted to $10.75; that on December 7, 1909, execution was issued in the ■above cause by the clerk of the common pleas court, returnable in thirty…

1Opinion of the Court

Wood, J.,

(after stating the facts). This suit was brought under section 3286 of Kirby’s Digest, which, so far as is necessary for the purpose of this opinion to set out, is as follows: “If any officer to whom any execution shall be delivered * * * shall not return any such execution on or before the return day therein specified, * * * each officer shall ibe liable and bound to pay the whole amount of money in such execution specified, or thereon indorsed and directed to be levied. ’ ’

This section was a part of the Revised Statutes, section 62, which has been continued in force under section 1…

2Cases cited3 opinions

  1. State v. International Harvester Co.Supreme Court of Arkansas · 1906
  2. Williams v. StateSupreme Court of Arkansas · 1898
  3. Craig v. SmithSupreme Court of Arkansas · 1905

3Cited by1 opinion

  1. Light v. SelfSupreme Court of Arkansas · 1919

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