Ex parte Reardon
Supreme Court of Arkansas
Application for Supersedeas. At the January term of this court, 1849, Lambert J. Reardon, by S. H. Hempstead, his attorney, presented to this court a petition for supersedeas, accompanied by a transcript showing the proceedings upon which the application was based. The petitioner states, and the transcript shows, that, on the 8th December, 1846, R. C. Byrd, for the use of Taylor, recovered a judgment, in the Pulaski Circuit Court, against Crutchfield and Hempstead.
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Application for Supersedeas. At the January term of this court, 1849, Lambert J. Reardon, by S. H. Hempstead, his attorney, presented to this court a petition for supersedeas, accompanied by a transcript showing the proceedings upon which the application was based. The petitioner states, and the transcript shows, that, on the 8th December, 1846, R. C. Byrd, for the use of Taylor, recovered a judgment, in the Pulaski Circuit Court, against Crutchfield and Hempstead. On the 31st July, 1848, a. ft. fa. issued thereon to the sheriff of Pulaski county, returnable to the October term of the same…
1Opinion of the CourtScott, J.
The constitutionality of the Delivery Bond Act, approved the 16th December, 1846, is the only question presented. Numerous decisions in the courts of Virginia, Kentucky, Tennessee, Alabama, and several decisions in the federal courts, have settled the principles upon which the act seems clearly constitutional. Many of these are upon statutes identical with ours, except that the express agreement, contained in the bond provided by our statute, “that, in case the property speéified in said bond shall not be delivered as provided therein, the said bond shall have the force and effect of a…
2Cases cited5 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- French v. GarnerSupreme Court of Alabama · 1838
- Mock v. CundiffSupreme Court of Alabama · 1837
- Taylor v. PowersSupreme Court of Alabama · 1842
- Thomas v. HearnSupreme Court of Alabama · 1835