Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 32

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: vacation, to the time of the application of appellant to be released. It was not in the power of the court to release him from any liability which had already accrued upon the bond. Counsel for appellant say that Moon, the principal in the bond, and the other sureties, consented, in writing, for appellant to be released. We find no evidence in the transcript that such was the fact. The bond is not in the transcript, nor does it appear who the other securities arc. ' We find written at the foot of the petition, as above shown: " We covenant andagrce to the granting of the foregoing petition," which purports to have been signed by VV. L. Packard, C. H. Rice, A. S. Moon and Margaret Rice, but whether these persons in tact signed this writing, or whether any of them are sure ties in the 'bond, or the only sureties, does not appear in tho transcript. But the court had no power to release appellant from any liability he may have incurred as surety on the bond, if all his cosecurities and Moon consented to his release, because the bond was made to the State, and the public had an interest_in it. The court had the discretion, however, upon the application of appellant, and upon a satisfactory showing, to require Moon "to give a new bond and security for the performance of his ofiicial duties," and upon the execution and approval, ete., of such new bond, appellant would be discharged from future, but not past liabilities. Gantt's Dig., sec. 5705-5711. Such, perhaps, was the intention of appellant's application, but the court below, deemed the showing insulficient, and refused to make an order upon Moon to execute a new bond. ." There was no showing in the petition that Moon was incompetent, ...
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Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 123690804X
  • 9781236908049