Trammell v. Anderson
Supreme Court of Arkansas
Trammell v. Anderson, 52 Ark. 176 (Ark. 1889)
Trammell v. Anderson
Opinion of the Court
We must construe the statute to mean what it plainly says, and hold that after five years the power of the justice of the peace to issue execution expires. The power may not be revived by scire facias, or in any other way peculiar to courts of superior jurisdiction (Hicks v. Brown, 38 Ark., 469), and therefore no presumption of a legal right to issue the execution after the lapse of five years can be indulged. Freeman Executions, sec. 27. The execution is void.
Affirm.
Reference
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