Fowler v. Gibson

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was a judgment on a delivery bond, rendered in the Pulaski Circuit Court, in September, 1841, before the Hon. John J. Clen-denin, one of the Circuit Judges. This bond was executed for the delivery of property levied on by virtue of an execution, issued on a judgment, obtained in the same Court, by L. & W. 11. Gibson, against Holden Moss and others, which judgment was reversed in this Court, as reported in the case last preceding.

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Decided 1842-07-15

How this case has been cited

Cited by 3 later decisions — most recently April 1976

3 state decisions

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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¶1By the Court,

Ringq, C. J.

¶2The record before us shows, we think conclusively, that the execution, upon and by virtue of which the property mentioned in the condition of the delivery bond was seized by the sheriff, was issued upon the judgment which this Court has reversed,’ in the case of Holden Moss et al. vs. Lorenzo Gibson et al. And inasmuch as the judgment upon the delivery bond is dependent upon the judgment on which the execution issued, and on and by virtue of which the property mentioned in said bond was seized by the sheriff, and "the latter has been reversed; therefore, the judgment on the delivery bond must also be reversed, annulled, and set aside, with costs, in accordance with the opinion of the Supreme Court of the United States, in the case of Barton vs. Pettit & Bayard, reported in 7 Cranch, 288, and also, 2 Peters Cond. Rep. 494.