St. Louis, Iron Mountain & Southern Railway Co. v. Andrews
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; 1. In order to sustain the allegation that a levy was excessive, it was not necessary that the judgment-debtor should have pointed out the property to be sold, or have given to the officer any list of property so selected to be levied upon or sold. 2 Freeman on Executions, 1412, 1413. Section 3230, Kirby’s Digest, is not mandatory, but permissive.
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Appeal from Boone Circuit Court; George W. Reed, Judge; 1. In order to sustain the allegation that a levy was excessive, it was not necessary that the judgment-debtor should have pointed out the property to be sold, or have given to the officer any list of property so selected to be levied upon or sold. 2 Freeman on Executions, 1412, 1413. Section 3230, Kirby’s Digest, is not mandatory, but permissive. It is the duty of the officer to levy an execution upon sufficient property to satisfy the debt and cost, and in determining what is a sufficient levy for that purpose, he is left to his own…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for an excessive levy made upon its property under an execution against it. The complaint in substance alleged that the defendant Frank Andrews on November 15, 1910, recovered judgment against it before a justice of the peace of Omaha Township in Boone County for the sum of $20.75, and on November 30, 1910, sued out an execution thereon and placed same in the hands of defendant, J. C. Hampton, who was constable of said township; that the constable, under said execution, levied upon a…
2Cases cited4 opinions
- French v. SnyderIllinois Supreme Court · 1863
- Barfield v. BarfieldSupreme Court of Georgia · 1886
- Commonwealth v. LightfootCourt of Appeals of Kentucky · 1847
- Haynes v. TunstallSupreme Court of Arkansas · 1844
3Cited by1 opinion
- Bridwell v. Anderson, SheriffSupreme Court of Arkansas · 1941