Cox v. Lee

Decided November 15, 1887

Supreme Court of Arkansas · decided 1887-11-15

John S. Little, Judge. STATEMENT. ’ Cox sued Lee in a justice’s court and recovered judgment for a debt amounting to $120. On this judgment an execution issued and was levied on certain personal property, which was advertised to be sold. Pursuant to a notice served on Cox, Lee filed with the justice his schedule, claiming the property as exempt, and obtained a1 supersedeas of the execution.

Decided 1887-11-15

¶1OPINION.

CockriIíL, C. J.

¶2When a plaintifí' in execution feels-aggrieved at the action of a justice of the peace in ordering the issuance of a supersedeas to prevent the sale of his judgment debtor’s property, as exempt from sale-under execution, his remedy is by appeal to the circuit court. Mansf. Dig., sec. 3006; Winter v. Simpson, 42 Ark., 411; Cason v. Bone, 43 Id., 17; Garrett v. Wade, 46 Id., 493.

¶3The justice has no power to revoke the order and recall the supersedeas. Dunnagan v. Shaffer, 48 Ark., 476. If he undertakes to do so, and the officer sells the-property under the execution to the plaintiff, the defendant may recover it in replevin.

¶4Affirm.