Rector v. Harris, Norton & Co.
This text of 19 Ark. 265 (Rector v. Harris, Norton & Co.) 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
delivered the opinion of the Court. •
To the writ of error in this case, the defendants in error interposed a plea, setting up that a writ of execution was issued upon the judgment herein, which was levied upon property and a forthcoming bond given and forfeited, and so returned by the sheriff. To which plea there was a demurrer and joinder. As heretofore several times held in this Court, under such circumstances, a writ of error does not lie to the original judgment. (Phillips et al. vs. Wills, Pease & Co., 14 Ark. R. 595; Daugherty vs.. McDonald, ib. 597, and other cases since decided.
The demurrer will therefore be, overruled, and the writ of error quashed at the costs of the plaintiff in error. .
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19 Ark. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rector-v-harris-norton-co-ark-1857.