Blackmore v. President
Supreme Court of Arkansas
This was an action of debt, determined in the Independence Circuit Court, in December, 1841, before the Hon. Thomas Johnson, one of the Circuit Judges. The President and Directors of the Branch of the Bank of the State of Arkansas at Batesville, sued Black-more, Greer, and Hay, on a note executed to the Branch aforesaid, with no rate of interest specified. Hay craved oyer, which was granted.
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This was an action of debt, determined in the Independence Circuit Court, in December, 1841, before the Hon. Thomas Johnson, one of the Circuit Judges. The President and Directors of the Branch of the Bank of the State of Arkansas at Batesville, sued Black-more, Greer, and Hay, on a note executed to the Branch aforesaid, with no rate of interest specified. Hay craved oyer, which was granted. Green filed a plea in abatement, which the Court struck out, on motion of plaintiffs. This plea was not placed on the record, by bill of exceptions. Defendants saying nothing further, judgment against…
1Opinion of the Court
By the Court,
Dickinson, J.
As to the plea in abatement, it is improper for this Court to make any remark upon it, as it was stricken from the files, and no exception taken, and consequently it forms no part of the record. We have already, in a previous case decided at this term, expressed our disapprobation of this striking out pleas, unless the Court perceive they are wholly frivolous. The case now stands simply upon the judgment rendered below. That is given upon a note calling for no particular rate ,of interest upon its face; yet the interest is calculated at ten per cent, per annum, by…
2Cited by1 opinion
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