Legal Opinion

Jennings v. Ashley

Supreme Court of Arkansas

Decided January 15, 1843PublishedCited by 4 opinions

This was a proceeding on a forfeited delivery bond, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges.

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This was a proceeding on a forfeited delivery bond, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Execution issued Dec. 22, 1841, on a judgment in favor of Chester Ashley and Roswell Beebe, against Richard T. Jennings, returnable to the 8th of March, 1842; on which execution delivery bond was given, executed by Jennings and Edwin Y. Baker, for the delivery of the property levied on, upon the 7th of March, 1842. At March term, 1842, on the 23d of May, the plaintiffs moved the Court for judgment on the bond. On' the…

1Opinion of the Court

By the Court,

Paschal, J.

The proceedings in this case, were had, after the decision of this Court in the case of Patten & Stewart vs. Walcott, 4 Ark. Rep. 581, in which this Court saj, “that the party may prepare his declaration upon the bond, and file the same on the return day of the execution, or on any subsequent day of the term, at which the execution is returned, and that the defendant and his security shall be deemed to have notice of the facts, that the condition of this bond has been broken, and the execution returned unsatisfied, thereby rendering the issuing and service of process…

2Cited by4 opinions

  1. Hawkins v. NunnellySupreme Court of Arkansas · 1845
  2. Pelham v. PageSupreme Court of Arkansas · 1845
  3. Hazard v. DurantSupreme Court of Rhode Island · 1882
  4. Rheubottom v. SadlerSupreme Court of Arkansas · 1858

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