James v. Biscoe
Supreme Court of Arkansas
Writ of Error to Franklin Circuit Court. Debt, by Biseoe, Faulkner, Hill, Drennen, and Walters, as residuary Trustees of the Real Estate Bank, against James and others, determined in the Franklin Circuit Court, August term, 1848, before Hon. W. W. Floyd, Judge.
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Writ of Error to Franklin Circuit Court. Debt, by Biseoe, Faulkner, Hill, Drennen, and Walters, as residuary Trustees of the Real Estate Bank, against James and others, determined in the Franklin Circuit Court, August term, 1848, before Hon. W. W. Floyd, Judge. Action commenced by declaration filed February 2, 1848, and writ issued with a mistake in the date, but executed February 11, 1848. The cause of action, as set out in the amended declaration, was a note to tbe Real Estate Bank, dated February 28, 1841, and due six months after date for $870, assigned by the Bank, April 2, 1842, to the…
1Opinion of the CourtJustice Scott
No objection was raised to the reading of the affidavit of Turner as evidence. The testimony of the sheriff was not only negative, but, showing that he had a deputy who might have received and executed the writ, it gave support to the statement of Turner, or, at any rate, did not controvert it. The testimony, then, established the commencement of a suit by all the Trustees at a time when they were proper parties to a suit within the rule declared in the case of McLarren et al. vs. Thurman, 3 Eng. 313, the subsequent non-suit by these plaintiffs, and the commencement of the present action…
2Cited by1 opinion
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