Minton v. Bennight

Supreme Court of Arkansas

Minton v. Bennight

103 S.W. 168, 83 Ark. 101, 1907 Ark. LEXIS 36

DecidedMay 27, 1907

StatusPublished

This text of 103 S.W. 168 (Minton v. Bennight) 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.

Bluebook

Minton v. Bennight, 103 S.W. 168, 83 Ark. 101, 1907 Ark. LEXIS 36 (Ark. 1907).

Pincite

Opinion

Riddick, J.,

(after stating the facts.) The only question in this case is whether land can be sold in this State under a fee bill issued by a clerk of the circuit court not based upon a judgment or order of the court.

The statute authorizes the sheriff to levy fee bills upon “goods and chattels.” Kirby’s Digest, § 3530. If this statute is valid, it gives no authority to levy upon or sell land under a fee bill, and we are of the opinion that there was no authority for such a proceeding.

Judgment affirmed.

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Riddick, J.,

(after stating the facts.) The only question in this case is whether land can be sold in this State under a fee bill issued by a clerk of the circuit court not based upon a judgment or order of the court.

The statute authorizes the sheriff to levy fee bills upon “goods and chattels.” Kirby’s Digest, § 3530. If this statute is valid, it gives no authority to levy upon or sell land under a fee bill, and we are of the opinion that there was no authority for such a proceeding.

Judgment affirmed.

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Bluebook (online)

103 S.W. 168, 83 Ark. 101, 1907 Ark. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minton-v-bennight-ark-1907.