Opinion

Trammell v. Anderson

  • 52 Ark. 176
Court
Supreme Court of Arkansas
Filed
May 15, 1889
Status
Published
Cited by
0 cases

The opinion

Per Curiam. Execution: On justice's judgment. Section 4103 of Mansfield’s Digest contains a positive inhibition against the issuance of an execution upon the judgment of a justice of the peace after five years from the date of its rendition.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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