Fenter v. Andrews
Supreme Court of Arkansas
This was an action of debt, determined in the Hot Spring Circuit Court, in March, 1835, before the Hon. Benj. Johnson, one of the territorial judges-. Andrews sued Fenter to March term, 1834, ors three instruments of writing: a bond, for $192 63 cents; a bond, fo? $71 82 cents; and a note, for $29 374 cents. Fenter pleaded payment of the bonds, and the statute of limitations as to the note.
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This was an action of debt, determined in the Hot Spring Circuit Court, in March, 1835, before the Hon. Benj. Johnson, one of the territorial judges-. Andrews sued Fenter to March term, 1834, ors three instruments of writing: a bond, for $192 63 cents; a bond, fo? $71 82 cents; and a note, for $29 374 cents. Fenter pleaded payment of the bonds, and the statute of limitations as to the note. At March term, 1835, after an ineffectual attempt to obtain a continuance, he withdrew his pleas and judgment went against him for the whole amount of the bonds and note, with interest and costs. In…
1Opinion of the Court
By the Court,
Paschal, J.
This Court is aware that the opinion delivered in the case of Berry vs. Linton, 1 Ark. Rep. 252, did not give universal satisfaction to the bar, at the time. The rule there settled, however, inflexibly determines a rule of practice, relating to the important question of the jurisdiction of different branches of the judicial department of the government. It is there settled, that “two or more separate causes of action, each less than one hundred dollars, but amounting, in all, to more than one hundred dollars, cannot be joined together in one declaration, so as to give…
2Cases cited2 opinions
- Berry v. LintonSupreme Court of Arkansas · 1838
- Fisher v. HallSupreme Court of Arkansas · 1839
3Cited by3 opinions
- Paris Mercantile Co. v. HunterSupreme Court of Arkansas · 1905
- Harris v. CastleberryCourt Of Appeals Of Indian Territory · 1901
- Uptmoor v. YoungSupreme Court of Arkansas · 1893