Legal Opinion

State v. Allis

Supreme Court of Arkansas

Decided January 15, 1857PublishedCited by 4 opinions

Appeal from the Circuit Court of Pulaski county. This cause was argued at considerable length, upon questions not involved in the decision, before Mr. Justice Scott, and Mr. Justice Hanly, and the Hon. George Conway, Special Judge — Mr. Chief Justice English, not sitting. An action of covenant in this case is an absurdity. The law authorized the Board to sign the contract, but not to seal it.

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Appeal from the Circuit Court of Pulaski county. This cause was argued at considerable length, upon questions not involved in the decision, before Mr. Justice Scott, and Mr. Justice Hanly, and the Hon. George Conway, Special Judge — Mr. Chief Justice English, not sitting. An action of covenant in this case is an absurdity. The law authorized the Board to sign the contract, but not to seal it. There is a seal of State necessary to make a covenant, unless the law required some other seal to be affixed, which was not the case here. Story on Ag. secs. 154, 273, n. 3. 11 Sergt. & R. 120, 129,…

1Opinion of the CourtJustice Hanly

This was an action of covenant, brought by the appellee, against the appellant, in the Pulaski Circuit Court, on the following instrument, to wit:

“ Articles of agreement and contract made and entered into by and between Horace B. Allis, of the eity of Little Rock, in the State of Arkansas, of the one part, and the State of Arkansas, of the other part, witnesseth: That, whereas, the said Horace B. Allis, under and by virtue of the provisions of an act of the General Assembly of the State of Arkansas, approved January 11th, A. D. 1851, entitled “ an act for building a safe and suitable wall…

2Cases cited4 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
  3. Gleason v. M'VickarNew York Supreme Court · 1827
  4. Headington v. Neff ex rel. NeffOhio Supreme Court · 1835

3Cited by4 opinions

  1. Board of Directors v. DunbarSupreme Court of Arkansas · 1913
  2. Scotts Bluff County v. StateNebraska Supreme Court · 1937
  3. E. O. Barnett Bros. v. Western Assurance Co.Supreme Court of Arkansas · 1920
  4. Hill v. American Book Co.Supreme Court of Arkansas · 1926

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