Legal Opinion

Massey-Herndon Shoe Co. v. Powell

Supreme Court of Arkansas

Decided December 24, 1897PublishedCited by 2 opinions

Petition for summary judgment for failure to return execution. Tbe supreme court has jurisdiction to render summary judgment against one refusing to obey its mandates. Sand. & A. Dig.; §§ 4245—4252; 2 Ark. 93; dissenting opinion in 25 Ark. 354; 29 Ark. 208. This court bas no jurisdiction. Sand. & H. Dig., § 3107, and note 2.

1Opinion of the CourtBunn, C. J.

Tbis is a motion for summary judgment, made by tbe plaintiffs against the defendant, as sheriff, for failure to return an execution issued out of tbis court, directed to him and received by him.

Tbe first, if not tbe only, question in tbis case is whether or not this court bas jurisdiction to bear and determine tbe motion, which is made under and in conformity to tbe provisions of tbe statute'on tbe subject. Tbe petition shows that tbe plaintiff in tbis action obtained final judgment against D. B. Elliott, H. Combs, William Tucker, A. J. Tucker, A. J. Patrick, James Patrick and E. C. Combs for…

2Cited by2 opinions

  1. Spatz v. City of ConwaySupreme Court of Arkansas · 2005
  2. State v. Clay CountySupreme Court of Arkansas · 1910

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