Legal Opinion

Jacks & Co. v. Bigham

Supreme Court of Arkansas

Decided November 15, 1880PublishedCited by 1 opinion

APPEAL from Lee Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Cited manuscript opinion as to novation of Little Rock city bonds.

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APPEAL from Lee Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Cited manuscript opinion as to novation of Little Rock city bonds. The delivery bond, a new and independent contract, governed by the law in force when made. 96 U. S., 601; 31 Ark., 294. Sheriff’s return conclusive evidence of breach, which can not be collaterally impeached. 11 Ark., 573; 14 ib., 569; 19 ib., 297; 20 Ark., 93. Improper execution no defense. 2 Ark., 93. Here the levy was lawful on which bond was given. See 17 Mo., 555; 15 Mo., 73; 3 Hill, 215; 15 Pick., 40; and Arkansas cases 10 — 501; 12 — 744; 11 —…

1Opinion of the CourtHarrison, J.

T. M. Jacks & Co., on the seventeenth day of January, 1876, recovered in the court of common pleas, against Jonas Miller and Henry Ingraham, upon a debt created before the adoption of the present constitution, a judgment for the sum of $165.50, with interest thereon until paid, at the rate of two and a half per cent, per month and costs.

An execution was sued out on the eleventh day of February, 1879, againBt Miller only — Ingraham being then, as it seems, dead — which was levied on personal property, and, on the twenty-seventh day of March, 1879, he gave a delivery or forthcoming bond, with…

2Cases cited2 opinions

  1. Eltzroth v. WebsterIndiana Supreme Court · 1860
  2. Jordan v. AutreySupreme Court of Alabama · 1846

3Cited by1 opinion

  1. Northwest Arkansas Production Credit Ass'n v. CourtneySupreme Court of Arkansas · 1946

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