McClure v. Hill
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. J. H. Rogers, Circuit Judge. Regular process protects ministerial officers. 5 Wend., 240; 2 Johns. Ca., 49; 7 Cowen, 249. Unless it appears void on its face. 6 Wend., 170; 17 John., 146; 14 ib., 246; 19 ib., 37. Mortgagee has right of action for the property-after default. 18 Ark., 166. Where one of defendants alone acts maliciously, others can not be punished by smart money. Sedgw. on M. of Dam.; 1 JSxeh.
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APPEAL from Sebastian Circuit Court. Hon. J. H. Rogers, Circuit Judge. Regular process protects ministerial officers. 5 Wend., 240; 2 Johns. Ca., 49; 7 Cowen, 249. Unless it appears void on its face. 6 Wend., 170; 17 John., 146; 14 ib., 246; 19 ib., 37. Mortgagee has right of action for the property-after default. 18 Ark., 166. Where one of defendants alone acts maliciously, others can not be punished by smart money. Sedgw. on M. of Dam.; 1 JSxeh. Sep., 131. Action does not lie against justice of the peace acting honestly. 5 Little, 172; and if he has jurisdiction his acts are not void. 9…
1Opinion of the Court
STATEMENT.
Eakin, J.
Cleared of immaterial matter, the record presents this case:
Hill, on the .fifteenth of January, 1876, executed to McClure & Morris a bill of sale of a horse and mare to secure to them the payment, in five weeks, of any debt which Hill owed them. The consideration of the instrument is expressed at ninety-three dollars, which was evidently the debt intended. Upon default of payment of the entire amount they were empowered “ to take possession of said horse and mare as their own property, without any process of law.”
The. debt was not paid in full. Something remained due at the…
2Cases cited1 opinion
- Yates v. LansingNew York Supreme Court · 1810
3Cited by15 opinions
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Westerman v. Oregon Automobile Credit Corp.Oregon Supreme Court · 1942
- Mehaffy v. WilsonSupreme Court of Arkansas · 1919
- Steidl v. AitkenNorth Dakota Supreme Court · 1915
- Geiser Manufacturing Co. v. DavisSupreme Court of Arkansas · 1913
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