Supreme Court of Arkansas, 1984

Troutt v. Langston

Troutt v. Langston
Supreme Court of Arkansas · Decided August 21, 1984 · Adkisson, Hays, Purtle, Smith
283 Ark. 220; 675 S.W.2d 625; 1984 Ark. LEXIS 1776
Troutt v. Langston

Cases that cite this one

2 later published cases cite this decision.

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.

Dissenting Opinion

George Rose Smith, Justice,

dissenting. I think the bondsman had an absolute right to avoid possible liability by surrendering the petitioner to the jailer. Ark. Stat. Ann. § 43-716; Craig v. State, 257 Ark. 112 (1974). The petitioner might have raised the question, in the Court below, of his entitlement to a return of the money he paid the bondsman, but that question was not raised below and is not before us on a petition for a Writ of Mandamus.

Opinion of the Court

Temporary Writ of Mandamus is granted. The bondsman may surrender the defendant without cause pursuant to Ark. Stat. Ann. § 43-716 (Repl. 1977) only if the consideration for making the bond is returned to the defendant.

Adkisson, C.J., Purtle and Hays, JJ., concur. George Rose Smith, J., dissents.

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