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3 Ark. 450

Reeder v. Murray

Supreme Court of Arkansas

Decided July 15, 1841

Supreme Court of Arkansas · decided 1841-07-15

Appear from Conway Circuit Court. Murray sued Reeder in the Court below, and issued a writ of attachment. The writ being returned not served, he sued out an alias, which was executed; and Reeder gave bond and retook the property. At the return term, Reeder moved to quash the writ. His motion was overruled, and he making no further defence, judgment went against him.

Good law ✅— No negative treatment on recordhow we know

Decided 1841-07-15

How this case has been cited

Cited by 5 later decisions — most recently March 1922

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dickinson, J.,

¶1delivered the opinion of the court:

¶2The r.ecord sent up is certified to he full and complete. The parties have raised no question as to its correctness, and, consequently, this Court must take it as true. It is'of no consequence, in the consideration of this case, what steps were taken subsequent to the issuing of the alias writ of attachment; for, by the record, it appears that the Clerk omitted to seal the writ, as is required by the statute. Revised Code, p. 777, sec. 2. And as there was no such appearance by the appellant as cured the want of a seal to the writ, he was not bound to plead or make any defence thereto. Judgment reversed, and case remanded for further proceedings; and the case, upon the return thereof to the Circuit Court, to stand for hearing, as though the appellant had been legally served with a valid writ of summons, more than thirty days prior to the nest term of said Court.

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