Phillips v. Wills, Pease & Co.
Supreme Court of Arkansas
Error to Clark Circuit Court. The defendants filed a plea in bar to the writ of error; to which the plaintiffs demurred. The demurrer was argued and submitted at the July term, 1852. contended, 1st. That the decisions in 4 Eng. 450, 6 Eng. 578, to the effect that a delivery bond forfeited and returned is a judgment, are radically wrong to the extent of being wholly unwarranted by the constitution. 2d.
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Error to Clark Circuit Court. The defendants filed a plea in bar to the writ of error; to which the plaintiffs demurred. The demurrer was argued and submitted at the July term, 1852. contended, 1st. That the decisions in 4 Eng. 450, 6 Eng. 578, to the effect that a delivery bond forfeited and returned is a judgment, are radically wrong to the extent of being wholly unwarranted by the constitution. 2d. That the delivery bond and constructive statutory judgment on it are mere incidents to the original judgment and must stand -or fall with it. As if the original judgment were absolutely void,…
1Opinion of the CourtJustice Scott
This writ of error was sued out by the plaintiffs in error, to a judgment obtained against them in the Clark Circuit Court, after execution had been issued and levied upon their property, and they, together with others, as securities, executed a forthcoming bond, and the same had been forfeited, and so returned by the sheriff, and the return term had elapsed, as appears by the dates set out. These facts were set up by plea, to which a demurrer was interposed, and the question is thus presented, whether the plaintiffs in error can now maintain their writ of error to the original judgment.
The…
2Cited by3 opinions
- Frazier v. McQueenSupreme Court of Arkansas · 1859
- Neale v. JeterSupreme Court of Arkansas · 1859
- Smiser v. RobertsonSupreme Court of Arkansas · 1855