Aikin v. Bailey
Supreme Court of Arkansas
Writ of Error to Phillips Circuit Court. On the 5th of April, 1847, William A. Akin commenced an action of debt, in the Phillips Circuit Court, against Boyd Bailey, upon a writing obligatory for $150, executed by defendant to W. Howard & Co., payable the 1st March, 1840, and by them assigned to plain tiff on the 22d April, 1840, as alleged in the declaration. Defendant filed six pleas : 1st. Nil debet: —not sworn to. 2d.
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Writ of Error to Phillips Circuit Court. On the 5th of April, 1847, William A. Akin commenced an action of debt, in the Phillips Circuit Court, against Boyd Bailey, upon a writing obligatory for $150, executed by defendant to W. Howard & Co., payable the 1st March, 1840, and by them assigned to plain tiff on the 22d April, 1840, as alleged in the declaration. Defendant filed six pleas : 1st. Nil debet: —not sworn to. 2d. Payment by Bowie, a joint maker of the bond, not sued: 3d. Payment by defendant: 4th, 5th, 6th. That the cause of action did not accrue within five years, &c., — these pleas…
1Opinion of the CourtJustice Scott
To the plea of five years, the plaintiff replied that, at the accrual of the cause of action, he was a non-resident of the State and has so ever since continued, and to this replication the defendant demurred. This demurrer was sustained, and final judgment having been rendered for the defendant, and no other issue expressly disposed of, the only question presented by the record is, did the Court below properly sustain the demurrer.
The cause of action having accrued on the 1st of March, 1840, and this action having been commenced on the 5th day of April, 1847, the plea of the statute…
2Cases cited1 opinion
- Grice v. JonesSupreme Court of Alabama · 1827