Steam Boat Napoleon v. Etter
Supreme Court of Arkansas
Writ of error to the circuit court of Hempstead county. Attachment, by Chambers Etter against steamboat Napoleon,,, under the 14th chapter of Revised Statutes, determined at the May term of the Hempstead circuit court, 1844, before the Hon. John Field, one of the circuit judges.
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Writ of error to the circuit court of Hempstead county. Attachment, by Chambers Etter against steamboat Napoleon,,, under the 14th chapter of Revised Statutes, determined at the May term of the Hempstead circuit court, 1844, before the Hon. John Field, one of the circuit judges. On the 9th Dec’r, 1843, plaintiff filed in the clerk’s office an affidavit as follows: “I, Chambers Etter, being first duly sworn, depose and say that the steamboat Napoleon, running upon Red River, a navigable stream in the State of Arkansas, is justly indebted to me in a sum exceeding one hundred dollars, to wit: in…
1Opinion of the Court
Johnson, C. J.,
delivered.the opinion of the court.
The defendant in the court below filed her two several pleas in abatement, to each of which the plaintiff demurred, and issue was taken thereupon. The court sustained the demurrer to both pleas, and the question now submitted for the decision of this court is, did the circuit court err, or not, in thus sustaining the demurrer? As pleas in abatement do not deny, and yet tend to delay the trial of the merits of the action, great accuracy and precision are required in framing them. They should be certain to every intent, and be pleaded without…
2Cases cited1 opinion
- Didier v. GallowaySupreme Court of Arkansas · 1841