Cummins v. Woodruff
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Woodruff sued McCurdy, Gilson, and Cummins, declaring on one bond and one note. Cummins craved oyer, which was granted by filing two instruments, each with the word “seal” surrounded by a scrawl, opposite each signature — one “ under hands and seals,” and the other “ under our hands.”
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This was an action of debt, determined in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Woodruff sued McCurdy, Gilson, and Cummins, declaring on one bond and one note. Cummins craved oyer, which was granted by filing two instruments, each with the word “seal” surrounded by a scrawl, opposite each signature — one “ under hands and seals,” and the other “ under our hands.” Discontinued as to McCurdy and Gil-son, who were not served, and judgment nil dicit, as to Cummins, as on two bonds. The case came up on error. The case was argued here…
1Opinion of the Court
By the Court,
Paschal, J.
The instrument declared on as a promissory note is a writing obligatory, according to the doctrine settled in Underwood vs. Jeffries, 1 Ark. Rep. 108, and Bertrand vs. Byrd, 4 Ark. 195. The instrument was made a part of the record by filing the original, as settled by this Court in the case of Hanly vs. Real Estate Bank, 4 Ark. Rep. 598, without making it any part of the pleading. The variance would, therefore, have been fatal, had the defendant demurred to the declaration for the variance between the count and the writing given on oyer. The only question, therefore,…
2Cases cited4 opinions
- Hanly v. Real Estate BankSupreme Court of Arkansas · 1842
- Jeffery v. UnderwoodSupreme Court of Arkansas · 1838
- Auditor ex rel. State v. WoodruffSupreme Court of Arkansas · 1839
- Bertrand v. ByrdSupreme Court of Arkansas · 1842
3Cited by2 opinions
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- Tunstall v. MeansSupreme Court of Arkansas · 1844