Cooper v. Rush
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; STATEMENT OP PACTS. This is an action at law by a surety who claims that he has paid the amount of a judgment obtained against him and his principal. According to the allegations of his complaint, on the 31st day of January, 1914, the Citizens National Bank of Hot Springs obtained judgment in the Garland Circuit Court against L. D. Cooper, C. C. Rush and C. G. Bryan for the sum of $1,532.58 and the accrued interest.
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Appeal from Garland Circuit Court; Scott Wood, Judge; STATEMENT OP PACTS. This is an action at law by a surety who claims that he has paid the amount of a judgment obtained against him and his principal. According to the allegations of his complaint, on the 31st day of January, 1914, the Citizens National Bank of Hot Springs obtained judgment in the Garland Circuit Court against L. D. Cooper, C. C. Rush and C. G. Bryan for the sum of $1,532.58 and the accrued interest. The judgment was obtained in a suit on a certain promissory note executed and delivered to the bank by C. G. Bryan and C. C.…
1Opinion of the Court
HART, J.,
(after stating the facts). The circuit court held that the plaintiff’s cause of action was barred by the statute of limitations. The plaintiff sought to avoid the bar of the statute by alleging in his complaint that he had paid the judgment against himself, the defendant and C. Gr. Bryan, and had the same assigned to himself. He claims that lie should be subrogated to all the rights and remedies of the judgment creditor, whose debt he paid, and that he is in fact a substituted judgment creditor. Therefore he claims that section 5073 of Kirby’s Digest, the ten-year statute of…
2Cases cited2 opinions
- Dismukes v. HalpernSupreme Court of Arkansas · 1886
- Mentzer v. BurlingameSupreme Court of Kansas · 1905
3Cited by9 opinions
- Hazel v. SharumSupreme Court of Arkansas · 1930
- Heinemann v. HallumSupreme Court of Arkansas · 2006
- Pennington v. KarcherSupreme Court of Arkansas · 1926
- Shinn v. KitchensSupreme Court of Arkansas · 1945
- Carter v. LechtyCourt of Appeals for the Eighth Circuit · 1934
4 more not listed; retrieve them via the Exa API.