Contracts · MBE-tested
Robert Edward TROUTT v. Judge John LANGSTON and Tommy ROBINSON
283 Ark. 220675 S.W.2d 625·Arkansas Supreme Court·1984·AR
Adkisson, C.J., Purtle and Hays, JJ., concur. · George Rose Smith, J., dissents.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Robert Edward TROUTT v. Judge John LANGSTON and Tommy ROBINSON
CR 84-141
675 S.W.2d 625
Supreme Court of Arkansas
Opinion delivered August 21, 1984
Guy Jones, Jr., for petitioner.
Steve Clark, Att’y Gen., by: Theodore Holder, Asst. Att’y Gen., for respondent.
[MAJORITY]
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.
[DISSENT — George Rose Smith, Justice,]
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.