Sumpter v. Tucker
Supreme Court of Arkansas
Appeal from the Circuit Court of Hot Spring county. Hon. Shelton Watson, Circuit Judge, presiding. 1st. The court below erred in compelling him to elect between the 5th and 6th .pleas; for the defendant may file as many pleas as he may think necessary for his defence, Dig. p. 807, and the two pleas were not the same, in that the one proceeds on the admission that the assignment was in full, and the other avers it to have been in blank. 2. The court erred in sustaining the…
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Appeal from the Circuit Court of Hot Spring county. Hon. Shelton Watson, Circuit Judge, presiding. 1st. The court below erred in compelling him to elect between the 5th and 6th .pleas; for the defendant may file as many pleas as he may think necessary for his defence, Dig. p. 807, and the two pleas were not the same, in that the one proceeds on the admission that the assignment was in full, and the other avers it to have been in blank. 2. The court erred in sustaining the demurrer to the 5th plea; which avers that the assignment was upon condition, and to secure the payment of money, and upon…
1Opinion of the CourtJustice Walker
This was an action of debt upon a note executed by Sumpter^ made payable to James R. Kinkead, and by him assigned, by his within endorsement thereon, to the plaintiff. As the only questions of law arising upon the record, relate to the fourth, fifth and sixth pleas of the defendant, we will direct our examination directly to them.
The fourth plea denied the assignment of the note by Kinkead to the plaintiff, and was properly stricken out upon motion, because not verified by affidavit. Sanger vs. Sumner, 13 Ark. Rep. 284.
The fifth and 6th pleas are substantially the same. They admitted the…
2Cases cited1 opinion
- Block v. WalkerSupreme Court of Arkansas · 1839
3Cited by3 opinions
- Webster v. CarterSupreme Court of Arkansas · 1911
- Morgan v. CenterSupreme Court of Arkansas · 1918
- Spencer v. McDonaldSupreme Court of Arkansas · 1861