Legal Opinion

Dorris v. Grace

Supreme Court of Arkansas

Decided December 15, 1866PublishedCited by 4 opinions

Appeal from Jefferson Circuit Coxvrt. Hon. ¥m. M. Harrison, Circuit Judge. The question raised upon the demurrer to the first plea, is, did the proclamations of the president of September 1st, 1862, and January 1st, 1863, operate to make the negro free so that would cease to be a valid consideration for a contract.

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Appeal from Jefferson Circuit Coxvrt. Hon. ¥m. M. Harrison, Circuit Judge. The question raised upon the demurrer to the first plea, is, did the proclamations of the president of September 1st, 1862, and January 1st, 1863, operate to make the negro free so that would cease to be a valid consideration for a contract. It is suggested that the president, as commander in chief of the army, and a military necessity existing, might in the absence of law make his wish the law of the land. See Acts of July 29iA 1861; 2 Bright-ley’s Dig.,' 192; Pro. of Sept. 1st., 1863; 12 Stat. at Large, 1267; Act of…

1Opinion of the CourtChief Justice WalKee

Grace brought his action of debt against Dorris upon the following instrument:

“ One day after date I promise to pay W. P. Grace or order, the sum of three thousand dollars, with ten per cent, interest thereon for value received of him. Witness my hand and seal this August 29th, 1863.

GARLAND H. DORRIS, [Seal.]”

In defence of the action brought upon this note, the defendant, Dorris, filed four pleas. The first of which was as follows:

“ Comes the said defendant and defends the wrong and injury when, etc., and says actio non, because he says that the said writing obligatory was given for the…

2Cited by4 opinions

  1. Rheinstrom v. ConeWisconsin Supreme Court · 1870
  2. Bumpass v. TaggartSupreme Court of Arkansas · 1870
  3. Harper v. ClarkOhio Supreme Court · 1867
  4. Kaufman & Co. v. BarbSupreme Court of Arkansas · 1870

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