Legal Opinion

Koontz v. LaDow

Supreme Court of Arkansas

Decided April 8, 1918PublishedCited by 5 opinions

Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The judgment was barred. Kirby’s Digest, § 5073; 23 Ark. 169; 19 Id. 303; 38 Id. 470. 2. The credit of $2,000 did not extend the time. 38 Ark. 470. The payment was not made by appellant. 60 Ark. 497; 20 Id. 189; 65 Id. 1; 118 Id. 118; 25 Cyo. 1381; 70 Am. St. 315; 70 N. W. 867; 88 N. W. 479; 13 Wall, 256; 38 S.'W. 505; 25 Cyc. 1433; 124 Ark. 47. 2. After ten years no execution could issue.

Read the full summary

Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The judgment was barred. Kirby’s Digest, § 5073; 23 Ark. 169; 19 Id. 303; 38 Id. 470. 2. The credit of $2,000 did not extend the time. 38 Ark. 470. The payment was not made by appellant. 60 Ark. 497; 20 Id. 189; 65 Id. 1; 118 Id. 118; 25 Cyo. 1381; 70 Am. St. 315; 70 N. W. 867; 88 N. W. 479; 13 Wall, 256; 38 S.'W. 505; 25 Cyc. 1433; 124 Ark. 47. 2. After ten years no execution could issue. Kirby’s Dig., § 4442; Act April 8,1891. 3. There was a compromise and settlement in full. The judgment had been fully settled. The evidence shows…

1Opinion of the CourtMcCULLOCH, C. J.

Appellee obtained judgment against appellant in the circuit court of Johnson County, on December 12, 1905, for recovery of the sum of $5,000. Two executions were issued which produced no results; one dated December 28, 1905, and one dated December 3, 1907, but there was a credit of $2,000 indorsed on the judgment record on July 6, 1908, reciting that the judgment was credited in that sum on account of the conveyance of certain coal rights, which conveyance was executed by Z. J. Koontz, who is appellant’s mother. Process was issued for the enforcement of the balance alleged to be due on the…

2Cases cited2 opinions

  1. Lindsay v. NorrillSupreme Court of Arkansas · 1880
  2. Hicks v. BrownSupreme Court of Arkansas · 1882

3Cited by5 opinions

  1. LaSalle Extension University v. BarrUnited States District Court · 1941
  2. Pepin v. HooverSupreme Court of Arkansas · 1943
  3. Primus Automotive Financial Services, Inc. v. WilburnSupreme Court of Arkansas · 2013
  4. A. Karcher Candy Company v. HopkinsSupreme Court of Arkansas · 1947
  5. Becenti v. LaughlinUnited States District Court · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API