Crane v. Crane
Supreme Court of Arkansas
APPEAL from Bradley Circuit Court. C. D. Wood, Judge. 1. The plea of the statute of limitations of ten years Was a good answer to the writ of scire facias. It is true the writ is founded on the antecedent judgment, and is but a continuance of a former action.
Read the full summary
APPEAL from Bradley Circuit Court. C. D. Wood, Judge. 1. The plea of the statute of limitations of ten years Was a good answer to the writ of scire facias. It is true the writ is founded on the antecedent judgment, and is but a continuance of a former action. Freeman Judg., secs. 442 — 4; 10 Ark., 534. And in view of our statutes at the time the judgments in question were rendered, it was held that the plea of the statute was no answer to the writ. 10 Ark., 534; nld.,480; 12 Id,, 133; 23 Id., 322; lb., 174; 12 Id., 743. It is also true that by the common law the presitmption of payment does…
1Opinion of the CourtBattle, J.
On the 23d of July, 1870, John M. Bradley, as adminis trator of W. H. Crane, deceased, recovered a judgment for three hundred and twenty dollars against Warren Crane, before a justice of the peace of Bradley county. The judgment was entered on the docket of the justice of the peace in favor of “John M. Bradley, administrator,” instead of John M. Bradley, as administrator of W. H. Crane, deceased. On the 24th of April, 1871, an execution was issued on this judgment, “and returned that the defendant had no goods or chattels whereon to levy the same.” On the 9th of January, 1874, Bradley, as…
2Cases cited2 opinions
- Hargroves v. ThompsonMississippi Supreme Court · 1856
- Westerfield v. SpencerIndiana Supreme Court · 1878
3Cited by5 opinions
- Wrightman v. Boone CountyCourt of Appeals for the Eighth Circuit · 1898
- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
- Ward v. SturdivantSupreme Court of Arkansas · 1910
- Tharp v. PaigeSupreme Court of Arkansas · 1903
- Chisholm v. CryeSupreme Court of Arkansas · 1907