Supreme Court of Arkansas, 1889

Wilson v. Williams

Supreme Court of Arkansas · Decided November 15, 1889

52 Ark. 360

Cases that cite this one

3 later published cases cite this decision.

Morgan v. Hess (Ark. 1946)
Benge v. Foster (Tex. App. 1934)
Eddings v. Boner (Court Of Appeals Of Indian Territory 1897)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Replevin: 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.

The 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.

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

Case-law data current through September 30, 2026. Source: CourtListener bulk data.