Wilson v. Williams

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

John S. Little, Judge. Catherine A. Wilson brought this action against John F. Williams, Sheriff of Sebastian County, to recover the value of certain property which was taken from her and her husband by the defendant’s deputy, under an order of delivery issued by a justice ofthe peace in an action ofreplevin, brought against them by Whitson and Anderson.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

How this case has been cited

Cited by 3 later decisions — most recently June 1946

2 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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Per Curiam.

¶1Replevin: Plaintiff bond. The only bond taken by the Sheriff before executing the order of delivery in the replevin suit was signed by the plaintiffs m replevin alone. But the statute prescribes that the order shall not be executed by the officer until a bond to the defendant, with one or more sureties for the plaintiff, has been executed in his presence. Mansf. Dig., sec. 5575. If the officer executes the order without such bond, he becomes a trespasser, and is liable to the party injured, as such. Pirani v. Borden, 5 Ark., 89; State v. Stephens, 14 ib., 264.

¶2The solvency of the plaintiff in replevin does not dispense with the necessity for one or more sureties, for that is a statutory requirement. See cases cited in Wells on Replevin, sec. 390.

¶3The charge of the court was erroneous. Reverse the judgment and remand the cause for a new trial.