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52 Ark. 445

Woolum v. Kelton

Supreme Court of Arkansas

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

J. M. Pittman, Judge. Woolum appealed from the judgment of a justice of the peace, refusing to quash an execution against him. His motion to quash alleged that the judgment on which the execution issued had been paid. The response of the execution creditor denied the alleged payment, and the issue thus formed was by consent tried in the Circuit Court by a jury.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

How this case has been cited

Cited by 5 later decisions — most recently January 1932

5 state decisions

20188918901900191019201930decided

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.

¶1Execution: Motion to quash. The questions arising upon the motion to quash the execution, should have been tried by the court, but were, by consent, submitted to a jury. The evidence was conflicting, and their finding will not be disturbed.

¶2But upon finding against appellant upon his motion to quash the executions, the court rendered judgment against him and the sureties upon an appeal bond for the amount of the justice’s judgments. This was error.

¶3Reverse the judgment and enter judgment here against the appellant and his sureties for the costs of the justice’s and Circuit Court.

¶4Reversed.

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