# Trammell v. Anderson

> Supreme Court of Arkansas · May 15, 1889 · 52 Ark. 176

URL: https://www.frixlaw.com/law-library/cases/6542410

## Case

- **Full name:** Trammell v. Anderson
- **Court:** Supreme Court of Arkansas
- **Decided:** May 15, 1889
- **Citations:** 52 Ark. 176
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6542410

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6542410. Public record. Not legal advice.