Rust v. Reives
Supreme Court of Arkansas
Error to Drew Circuit Cowrt. Hon. William 1VI, HajíbisoN, Circuit Judge. The pleas set up that the instrument sued on being payable at 'a particular place, should have been presented at that place before suit brought, and that the declaration should so aver: and there is no doubt of the correctness of this. Byles on Bills, (3d Amer.
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Error to Drew Circuit Cowrt. Hon. William 1VI, HajíbisoN, Circuit Judge. The pleas set up that the instrument sued on being payable at 'a particular place, should have been presented at that place before suit brought, and that the declaration should so aver: and there is no doubt of the correctness of this. Byles on Bills, (3d Amer. Bel.) 166-7-8; Gohen vs. 'Hunt, 18m. & Mar., 227. The judgment rendered by the court cannot be sustained; because execution was awarded on the judgment and the record does not show that a bond with good security was filed before this was done; and our statute is…
1Opinion of the CourtJustice ClichdeNIN
James IT. Beives commenced his suit in attachment, by petition and summons, against Albert Bust, in the circuit court of Drew county to the April term, 1866, upon the following instrument :
“ $12,500. Albemarle Co., Ya., Sept. 20th, 1860.
“ On demand I promise to pay to George Beives or order at the counting house of Stokes & Beives, in the city of Bichmond, Ya., twelve thousand five hundred dollars, with interest from date in payment for seventeen negroes which he has this day sold to me, the title to which he warrants, but makes no warrant as to health or constitution. Witness my hand and…
2Cited by2 opinions
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
- Hawkins v. WillsCourt of Appeals for the Eighth Circuit · 1892