Meadow v. Wise
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. Hon. C. E. Mitchell, Circuit Judge. 1. While a ministerial officer may justify under process, regular on its face, and issued by a court with apparent jurisdiction, still, where he has knowledge of previous defects he is not protected. 1 Wis. ,457; 31 Iowa, 533; 91 111., 324. 2. The process was not regular or fair on its face.
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APPEAL from Columbia Circuit Court. Hon. C. E. Mitchell, Circuit Judge. 1. While a ministerial officer may justify under process, regular on its face, and issued by a court with apparent jurisdiction, still, where he has knowledge of previous defects he is not protected. 1 Wis. ,457; 31 Iowa, 533; 91 111., 324. 2. The process was not regular or fair on its face. The-law on which the process is issued is a part of the process, and an officer must know the law. 36 Ark., 268 ; 21 K. II., 252-, 14 Wall., 663; 5 Wend., 171; 1 Gray, 45; 3 A. K. Marsh, 70; 3 Biss., 13; 44 Conn., 371; 14-M. & W., 57.…
1Opinion of the CourtSmith, J.
This was an action against a constable for the sale and conversion of certain chattels alleged to be the property of the plaintiffs, who were respectively the trustee and the administrator of the beneficiary in a deed of trust. The answer denied the plaintiffs’ property and justified under legal process. There was a trial before the court, sitting as a jury, which found that the law and the facts were in favor of the defendant and judgment was entered accordingly.
It appears from the evidence that on the fourth •day of January, 1879, William M. Blakeley sold to Clark and Martin two mules, a…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Calkins v. LockwoodSupreme Court of Connecticut · 1845
- Sanborn v. HamiltonSupreme Court of Vermont · 1846
3Cited by6 opinions
- Strauss v. WhiteSupreme Court of Arkansas · 1899
- Arbie v. JonesSupreme Court of Arkansas · 1907
- Biederman v. ParkerSupreme Court of Arkansas · 1912
- Sabin v. ChrismanOregon Supreme Court · 1918
- Wright v. HusbandSupreme Court of Arkansas · 1936
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