Supreme Court of Arkansas, 1887

Cox v. Lee

Cox v. Lee
Supreme Court of Arkansas · Decided November 15, 1887 · Cockriiíl
50 Ark. 456

Cox v. Lee

Opinion of the Court

OPINION.

CockriIíL, C. J.

When 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.

The 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.

Affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.