Rector v. Harris, Norton & Co.
Supreme Court of Arkansas
Rector v. Harris, Norton & Co., 19 Ark. 265 (Ark. 1857)
Hanly, Scott
Rector v. Harris, Norton & Co.
Opinion of the Court
delivered the opinion of the Court. •
To the writ of error in this case, the defendants in error interposed a plea, setting up that a writ of execution was issued upon the judgment herein, which was levied upon property and a forthcoming bond given and forfeited, and so returned by the sheriff. To which plea there was a demurrer and joinder. As heretofore several times held in this Court, under such circumstances, a writ of error does not lie to the original judgment. (Phillips et al. vs. Wills, Pease & Co., 14 Ark. R. 595; Daugherty vs.. McDonald, ib. 597, and other cases since decided.
The demurrer will therefore be, overruled, and the writ of error quashed at the costs of the plaintiff in error. .
Reference
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