Burriss v. Wise
Supreme Court of Arkansas
Appeal from Phillips Circuit Court,- This was an action of assumpsit, commenced by Wise and Hind, who were mechanics, and partners as carpenters, against Burriss, upon the common counts for work and labor» At the return term, the defendant moved to quash the writ, which motion was overruled, and he excepted, and then pleaded non assumpsit, to which issue was joined.
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Appeal from Phillips Circuit Court,- This was an action of assumpsit, commenced by Wise and Hind, who were mechanics, and partners as carpenters, against Burriss, upon the common counts for work and labor» At the return term, the defendant moved to quash the writ, which motion was overruled, and he excepted, and then pleaded non assumpsit, to which issue was joined. On defendant’s motion and affidavit, the case was then continued on account of the absence of James Ellis and James Wise, two material witnesses. At May term, 1839, Burriss again moved to continue the case, on his affidavit,…
1Opinion of the CourtLacy, Judge
This cause comes up by appeal taken by the defendant, from the judgment of the court below. The assignment of errors present these three questions: First. Did the Circuit Court err, in refusing to quash the writ? Secondly. In overruling the appellant’s motion for a continuance of the cause? And lastly, in not granting him a new trial? That .the court below decided rightly in refusing to quash the writ, there can be no doubt, for after the motion was made and overruled, the appellant appeared and pleaded to the action, and his appearance and plea cured whatever defects there might be to the…
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3Cited by16 opinions
- State Ex Rel. Purcell v. NelsonSupreme Court of Arkansas · 1969
- Adams v. StateSupreme Court of Arkansas · 1928
- Puckett v. StateSupreme Court of Arkansas · 1902
- Freeman v. StateSupreme Court of Arkansas · 1921
- Perez v. StateSupreme Court of Arkansas · 1963
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