Hammett v. State ex rel. Lindsay
Supreme Court of Arkansas
Appeal from the Circuit Court of Jefferson County. Debt, by the State, use of Lindsay, against Hammett as sheriff of Jefferson, and securities, upon his official bond, determined in the circuit court of said county in October 1844, before the Hon. Isaac Baker then one of the circuit judges.
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Appeal from the Circuit Court of Jefferson County. Debt, by the State, use of Lindsay, against Hammett as sheriff of Jefferson, and securities, upon his official bond, determined in the circuit court of said county in October 1844, before the Hon. Isaac Baker then one of the circuit judges. The declaration sets out the bond, and assigns for a breach thereof, in substance: that Lindsay, for whose use the suit was brought, obtained a judgment against Joseph Hopkins in the circuit court of Jefferson, on the second Monday in October 1840, for $1204 25 debt, damages $50 54 and for costs. On the…
1Opinion of the CourtOldham, J.
The declaration in this case is most clearly insufficient. The writ of execution recited in the breach, commanded the sheriff to levy the judgment specified therein of the goods and chattels, lands and tenements of the defendant in the execution, and for want of sufiicient goods and chattels and real estate then to arrest the body of the defendant. The sheriff was not authorize ed nor required to arrest the body, only in case of an insufficiency of effects of the defendant to make the money. It must therefore be made to appear by the declaration that there was not a sufficiency of goods and…
2Cases cited1 opinion
- State ex rel. Bennett v. EnglesSupreme Court of Arkansas · 1843