Central Bank v. Veasey
Supreme Court of Arkansas
Error to Drew Circuit Court. The Hon. J. C. Murry, Circuit Judge, presiding. The only question in the case — variance between the declaration and the transcript offered in evidence — is settled by the following cases. Adams vs. State use Wallace, at July term, 1853. 7 Eng. 128. Ib. 183,135, 171, 760, 766, 768. 6 Eng. 334. Ib. 344. All averments in a declaration, by way of description, must be strictly and literally proved. (1 Ch. PI. 335. 5 Phil.
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Error to Drew Circuit Court. The Hon. J. C. Murry, Circuit Judge, presiding. The only question in the case — variance between the declaration and the transcript offered in evidence — is settled by the following cases. Adams vs. State use Wallace, at July term, 1853. 7 Eng. 128. Ib. 183,135, 171, 760, 766, 768. 6 Eng. 334. Ib. 344. All averments in a declaration, by way of description, must be strictly and literally proved. (1 Ch. PI. 335. 5 Phil. Ev. 254. 1 T. R. 656. 9 East 157. 4 Barn, fy Cress. 403. 5 id. 339. 1 Phil. Ev. 511, 513. 7 Cranch 208, 217. 1 Mass. 54). An averment, therefore,…
1Opinion of the CourtChief Justice Watkins
The action was debt, upon judgment rendered in another State. The allegation in the declaration, setting out the judgment, is that the plaintiff, on &c., at a superior court, held in the county of Talbot, in the State of Georgia, to wit, &c., by the considera] tion and judgment of said court, recovered against the defend' ant the sum of one hundred and twenty dollars, for her debt, as also the further sum of twenty-one dollars and thirty-three cents for her damages, which she had sustained by reason of the detention of said debt, together with the further sum of ten dollars and fifty cents…
2Cited by2 opinions
- Jones v. RussellSupreme Court of Alabama · 1921
- Brown v. BecknerCourt of Appeals of Georgia · 1937