Ark. Code Ann. § 16-62-103 (2026)
Suits involving public officers
No suit, action, or other proceeding lawfully commenced by or against any public officer in this state in his or her official capacity or in relation to the discharge of his or her official duties shall abate by reason of his or her death or the expiration of his term of office or his or her retirement, resignation, or removal from office. In such event the court, on motion or supplemental petition filed at any time within twelve (12) months thereafter, showing the necessity for the survival thereof, to obtain a settlement of the question involved, may allow the action or other proceeding to be maintained by or against his or her successor in office. The court may make such order as shall be equitable for the payment of costs.
History. Acts 1925, No. 109, § 1; Pope's Dig., § 1253; A.S.A. 1947, § 27-1021.
Case Notes
Delivery to Successor.
This section contemplates that the sheriff shall deliver over to his successor in office such goods and moneys as he may receive, and that any suit pending shall survive and may be revived against the successor to recover from him the same goods or property, or moneys, as were sought to be recovered in the beginning. State use of Glover v. McIlroy, 196 Ark. 63, 116 S.W.2d 601 (1938).
Sheriff's failure to deliver over to his successor property and money coming into his hands as such officer is a violation of this section and a breach of the obligation of the contract evidenced by his bond. State use of Glover v. McIlroy, 196 Ark. 63, 116 S.W.2d 601 (1938).
Timeliness.
Action against sureties on bond of former sheriff commenced more than four years after date on which he was required to turn over to his successor property and money in his hands, to recover value of property which the sheriff had attached, was barred by limitations, though filed soon after determination of suit in replevin against sheriff. State use of Glover v. McIlroy, 196 Ark. 63, 116 S.W.2d 601 (1938).
16-62-104 — 16-62-106. [Repealed.]
A.C.R.C. Notes. Acts 2013, No. 1148, contained two sections designated as “SECTION 2”.
Publisher's Notes. These sections, concerning death of a party or expiration of powers, were repealed by Acts 2013, No. 1148, §§ 32[33]–34[35]. The sections were derived from:
16-62-104. Civil Code, §§ 549, 550; C. & M. Dig., §§ 1053, 1054; Pope's Dig., §§ 1256, 1257; A.S.A. 1947, §§ 27-1001, 27-1002.
16-62-105. Civil Code, §§ 551-556; C. & M. Dig., §§ 1055-1060; Pope's Dig., §§ 1258-1263; A.S.A. 1947, §§ 27-1003 — 27-1008.
16-62-106. Acts 1851, §§ 1, 2, 4, p. 102; C. & M. Dig., §§ 1050-1052; Pope's Dig., §§ 1252, 1254, 1255; A.S.A. 1947, §§ 27-1009 — 27-1011.