Martin v. Tennison
This text of 19 S.W. 922 (Martin v. Tennison) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The bond in question is not a statutory bond, because it does not contain the conditions required by section 4135 of Mansfield’s Digest. Instead of being conditioned to perform the judgment appealed from in the event it was affirmed on appeal, or if, on a trial anew in the circuit court, judgment was given against appellant, that he would pay such judgment, he and his surety thereby undertook to satisfy the same to the extent of the value of the cotton attached in the action. It does not conform to the requirements of the statute, or answer its purpose, and cannot be; enforced in the manner provided by section 4153 of Mansfield’s Digest. Lowenstein v. McCadden, 54 Ark. 13.
The judgment of the circuit court is reversed, and the motion for a judgment nunc j?ro tunc is hereby dismissed.
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Cite This Page — Counsel Stack
19 S.W. 922, 56 Ark. 291, 1892 Ark. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-tennison-ark-1892.