Woolum v. Kelton

Supreme Court of Arkansas

Woolum v. Kelton

52 Ark. 445

CourtSupreme Court of Arkansas

DecidedNovember 15, 1889

StatusPublished

Cited by5 cases

This text of 52 Ark. 445 (Woolum v. Kelton) 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

Woolum v. Kelton, 52 Ark. 445 (Ark. 1889).

Pincite

Opinion

Per Curiam.

Execution: Motion to quash. The questions arising upon the motion to quash the execution, should have been tried by the court, but were, by consent, submitted to a jury. The evidence was conflicting, and their finding will not be disturbed.

But upon finding against appellant upon his motion to quash the executions, the court rendered judgment against him and the sureties upon an appeal bond for the amount of the justice’s judgments. This was error.

Reverse the judgment and enter judgment here against the appellant and his sureties for the costs of the justice’s and Circuit Court.

Reversed.

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Per Curiam.

Execution: Motion to quash. The questions arising upon the motion to quash the execution, should have been tried by the court, but were, by consent, submitted to a jury. The evidence was conflicting, and their finding will not be disturbed.

But upon finding against appellant upon his motion to quash the executions, the court rendered judgment against him and the sureties upon an appeal bond for the amount of the justice’s judgments. This was error.

Reverse the judgment and enter judgment here against the appellant and his sureties for the costs of the justice’s and Circuit Court.

Reversed.

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Bluebook (online)

52 Ark. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woolum-v-kelton-ark-1889.

Opinion

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