Robinson v. Baskins
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, Dardanelle District. G. S. Cunningham, Judge. 1. It is not denied that appellants were not parties to the Perry county suit, nor was proven that they had any notice of said suit.
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APPEAL from Yell Circuit Court, Dardanelle District. G. S. Cunningham, Judge. 1. It is not denied that appellants were not parties to the Perry county suit, nor was proven that they had any notice of said suit. No one ought to be condemned without being heard; no one is bound by a judgment to which he is not a party. 24 Wend., 56-7. 2. Appellants had the same right to the means of defense which appellees had, and could not be bound without a full, fair and previous opportunity to meet the controversy in which the judgment was rendered. Freeman on Judg. (3d ed.), secs. 181 et seq.; 3 Am. Dec.,…
1Opinion of the CourtHughes, J.
Appellees sued appellants upon a bond of indemnity, given by them to W. L. Baskins, as special constable, under section 3021 of Mansfield’s Digest, to indemnify them against the damages they might sustain in consequence • of the seizure or sale of the property of the judgment debtor of appellants, who was one J. B. McGhee, against whom they had obtained judgment before a justice of the peace of Perry county, Arkansas, and upon which execution had been issued and placed in the hands of said special constable. The constable sold the property at public sale, and, at the sale, one Deshazer…
2Cases cited1 opinion
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
3Cited by3 opinions
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- National Surety Co. v. LoveNebraska Supreme Court · 1921
- Pritchard v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1924