Dillard v. Nelson
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Conway, Judge; The bond was not such as is required by the statute. Kirby’s Digest, § 6863. It was in the alternative, and the delivery of the mule was a complete satisfaction of the bond. Not being in the statutory form, it was error to render a summary judgment upon it. 54 Ark. 13; 56 Ark. 291. The judgment for costs against appellants was void.
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Appeal from Clark Circuit Court; Joel D. Conway, Judge; The bond was not such as is required by the statute. Kirby’s Digest, § 6863. It was in the alternative, and the delivery of the mule was a complete satisfaction of the bond. Not being in the statutory form, it was error to render a summary judgment upon it. 54 Ark. 13; 56 Ark. 291. The judgment for costs against appellants was void. Kirby’s Digest, § 4424. See also 59 Ark. 483; 60 Ark. 369; 62 Ark. 439; 64 Ark. 108; 64 Ark. 556. The judgment should have been, quashed in circuit court by writ of certiorari, because the justice of the…
1Opinion of the CourtMcCulloch, J.
Appellants, in an action of replevin brought by J. A. Frizzell against John Luzader; before a justice of the peace of Clark County, to recover possession of a mule, executed a bond to the plaintiff in the following form (omitting the caption) :
“We undertake to pay to the plaintiff such sums, not exceeding $200, as may be adjudged to him in the action, or that the property attached, towit: one mule attached herein, shall be forthcoming and subject to the order of the court for the satisfaction of such judgment as may be rendered in the action, whichever shall be directed by the court.”
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2Cases cited2 opinions
- Lowenstein v. McCaddenSupreme Court of Arkansas · 1890
- Martin v. TennisonSupreme Court of Arkansas · 1892
3Cited by4 opinions
- Wilson v. WhiteSupreme Court of Arkansas · 1907
- Thomas v. SchaadSupreme Court of Arkansas · 1926
- Hoeffler Manufacturing Co. v. Casualty Co. of AmericaWisconsin Supreme Court · 1916
- Schneider v. CokerSupreme Court of Arkansas · 1914