Gov. ex rel. Lyon v. Evans
Supreme Court of Arkansas
Error to Washington Circuit Court. The facts of this case are so fully stated in the opinion of the court, that it is unnecessary here to repeat them, and tbe reader, therefore, is referred to the opinion. The plaintiff contends, 1st. That a plea in abatement must be filed within the four first 'days of the return term, or it is a nullity. In this case it was filed on the tenth day. Arch. Pr. p. 1, et seq. 1 ch. p. 489,490. . iindly.
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Error to Washington Circuit Court. The facts of this case are so fully stated in the opinion of the court, that it is unnecessary here to repeat them, and tbe reader, therefore, is referred to the opinion. The plaintiff contends, 1st. That a plea in abatement must be filed within the four first 'days of the return term, or it is a nullity. In this case it was filed on the tenth day. Arch. Pr. p. 1, et seq. 1 ch. p. 489,490. . iindly. That any plea or defence to the merits of the case — even a prayer of oyer — precludes a defendant from pleading afterwards in abatement. 1 Ch. PI. 471 et…
1Opinion of the CourtRingo, Chief Justice
This is an action of debt commenced by the plaintiff against the defendants in error, in the Circuit Court of Washington county, found-e(j on the official bond of the defendant Evans, as sheriff of said county. The plaintiff in his declaration set forth the bond and the condition thereof in haec verba, and assigned three several breaches of the con-dilion: The 1st charges the escape of one George Robinson, out of cusj;0¿y 0f said Evans, as sheriff of Washington county, in the lifetime of said Hancock, after he had been arrested and held in his custody on a capias ad respondendum issued at the…
2Cases cited5 opinions
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Inhabitants of Conway v. Inhabitants of DeerfieldMassachusetts Supreme Judicial Court · 1814
- Hammitt v. Bullett's ExecutorsCourt of Appeals of Virginia · 1799
- Baker v. BakerCourt of Appeals of Kentucky · 1816
- Harrison v. Farmers & Mechanics' Bank of LoganCourt of Appeals of Kentucky · 1823
3Cited by2 opinions
- McGuire v. CookSupreme Court of Arkansas · 1853
- State ex rel. Birnie v. HollemanSupreme Court of Arkansas · 1860