Bigham v. Dover
Supreme Court of Arkansas
Appeal from Polk 'Circuit Court; James S. St^l, Judge; statement by the court. Appellee bought a saddle for $12 at a sale under the following execution: “County of Pope, Township of White.
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Appeal from Polk 'Circuit Court; James S. St^l, Judge; statement by the court. Appellee bought a saddle for $12 at a sale under the following execution: “County of Pope, Township of White. “The State of Arkansas to any constable of Polk County: You are hereby commanded that of the goods and chattels of E. T. Bigham you cause to be made the sum of nine dollars ($9) which W. W. Cranford late before me, a justice of the peace for said county, recovered against him for his costs in a replevin suit, and also costs in a suit wherein S. S. Crockett was plaintiff and W. W. Cranford and E. T. Bigham…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Our statute provides that: “An execution may issue upon any final judgment, order or decree of a court of record for a liquidated sum of money, and for interest artd costs, or for costs alone.” Section 3203, Kirby’s Digest.
There is no law or rule of practice that authorizes a single execution for the amounts of two separate and distinct judgments. 17 Cyc. 932. A joint execution upon two separate judgments is not voidable merely, but void. Merchie v. Gaines, 5 B. Monroe (Ky.), 126; Doe v. Rue, 4 Blackf. Ind. 263. Such an execution is defective, not in form…
2Cases cited8 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Otis Bros. & Co. v. NashWashington Supreme Court · 1901
- Hall v. DoyleSupreme Court of Arkansas · 1880
- Jett v. ShinnSupreme Court of Arkansas · 1886
- Hightower v. Handlin & VenneysSupreme Court of Arkansas · 1871
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3Cited by4 opinions
- CTC Inv. Co. v. Daniel Boone Coal CorporationDistrict Court, E.D. Kentucky · 1931
- Keaton v. ShiflettSupreme Court of Oklahoma · 1936
- Dugan v. HarmanSupreme Court of Kansas · 1909
- Dugan v. HarmanSupreme Court of Kansas · 1909