Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47
Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47
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Author: Arkansas Supreme Court
Page Count: 188 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781231315217
File size: 8 Mb
File Name: Reports.of.Cases.at.Law.and.in.Equity.Argued.and.Determined.in.the.Supreme.Court.of.Arkansas.Volume.47.pdf
Download Link: Reports of Cases at Law and in Equity Argued and 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 download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...will be modified in accordance with these directions. I Morrill v. Daniel. MORRILL v. DANIEL. REPLEVIN: S ureIy's liability on retain ing lmml. A surety on a defendant's retaining bond in replevin is liable for the damages and costs of the suit, as well as for the return of the property. APPEAL from Conway Circuit Court. Hon. G. S. CUNNINGHAM, Circuit judge. The Appellant pro se. The bond was given under Section 5042 Gantfs Dzgest, and its object was to secure the safe-keeping and return of the property. Drake.1tt., 5 ea'., sees. 330, 331. The measure of damage on a delivery bond is the value of the property secured by it. The property having been returned the liability of the security ceases. 1o., sees. 340--1--2. _ C. Armstrong and W. L. 11'oore for Appellee. The bond is that defendant will perform the judgment of the court. Zllansf. Dzlgz, see. 5581. The addition "and return said property, etc.," is surplusage which does not constitute a new condition nor restrict the legal effect of the bond. Drake Att., 6 ea'., sec. 329. Plaintiff had judgment for costs, and the surety is liable. jllansf. Dig, see. 1042. e CocKRiLL, C.. 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 Daniel for the mare or her value and all costs. Thereupon the mare was delivered up by Bedinger, and execution was issued against him for the costs and returned nulla bona. This suit was then ins...
Read online Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 Buy Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 Download and read Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47
Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47. Arkansas Supreme Court
Author: Arkansas Supreme Court
Page Count: 188 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781231315217
File size: 8 Mb
File Name: Reports.of.Cases.at.Law.and.in.Equity.Argued.and.Determined.in.the.Supreme.Court.of.Arkansas.Volume.47.pdf
Download Link: Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...will be modified in accordance with these directions. I Morrill v. Daniel. MORRILL v. DANIEL. REPLEVIN: S ureIy's liability on retain ing lmml. A surety on a defendant's retaining bond in replevin is liable for the damages and costs of the suit, as well as for the return of the property. APPEAL from Conway Circuit Court. Hon. G. S. CUNNINGHAM, Circuit judge. The Appellant pro se. The bond was given under Section 5042 Gantfs Dzgest, and its object was to secure the safe-keeping and return of the property. Drake.1tt., 5 ea'., sees. 330, 331. The measure of damage on a delivery bond is the value of the property secured by it. The property having been returned the liability of the security ceases. 1o., sees. 340--1--2. _ C. Armstrong and W. L. 11'oore for Appellee. The bond is that defendant will perform the judgment of the court. Zllansf. Dzlgz, see. 5581. The addition "and return said property, etc.," is surplusage which does not constitute a new condition nor restrict the legal effect of the bond. Drake Att., 6 ea'., sec. 329. Plaintiff had judgment for costs, and the surety is liable. jllansf. Dig, see. 1042. e CocKRiLL, C.. 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 Daniel for the mare or her value and all costs. Thereupon the mare was delivered up by Bedinger, and execution was issued against him for the costs and returned nulla bona. This suit was then ins...
Read online Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 Buy Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 Download and read Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas Volume 47