Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 47

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 47

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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. 1887 edition. Excerpt: ...of twelve months, a period longer than is authorizedby statute. The record does not show that the decreeihas been executed, and if a sale takes place after the mandate "it may be apprehended that the order of sale is approved as to the credit to be given. It is proper to notice this error to prevent misapprehension. Also an allowance to B. F. Grace, as administrator of the estate of Seth VV. Bolton, to pay expenses of administration, was improper and must be disallowed on the rendition of the new decree. The decree of this court will be modified in accordance with these directions. REPLEVIN: Surtf" l1'a!u'1ity an rcents.'tainfI!g bum. A surety on n. defendzxnfs retaining bond in replevin is liable for the damages and costs of the suit, as well as for the return of the property. its object was to secure the safe-keeping and return of the The bond is that defendant will perform the judgment of the court. Jllaz/sf. 171'g., sac. 5581. The addition " and return said property, etc.," is surpluszige which does not constitute a new condition nor restrict the legal effect of the bond. Drake' Att., 6 ra/., sec. 329. Plaintiff had judgment for costs, and the surety is liable../lln/zsj." D/lgi, sec. 10,12. COCKRILL, C. j. Daniel sued Bedinger in replevin before a justice of the peace for a mare. To retain possession of the mare Bedinger executed the usual retaining bond, with Morrill as his surety, conditioned to "perform the judgment of the court in this action, and return the property if a return is adjudged." In the justice's court there was judgment for Bedinger, but on appeal to the circuit court the judgment was for I Daniel for the mare or her value and all costs. Thereupon the mare wa
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Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 1236900774
  • 9781236900777