State v. Thompson
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County. This was an action of assumpsit brought by Davis Thompson for the use of Darby Pentecost, against the State of Arkansas, and determined in the Pulaski Circuit Court at the April Term, A. D. 1846, before the Hon. John J. Clendenin, then one of the Circuit Judges.
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Writ of Error to the Circuit Court of Pulaski County. This was an action of assumpsit brought by Davis Thompson for the use of Darby Pentecost, against the State of Arkansas, and determined in the Pulaski Circuit Court at the April Term, A. D. 1846, before the Hon. John J. Clendenin, then one of the Circuit Judges. The declaration alleges that defendant, on the 1st Jan’y., 1845, was indebted to plaintiff in the sum of $1000, for so much money by her before that time had and received, to and for the use of plaintiff, &c. The defendant pleaded, first: non-assumpsit. Second: “that the said claim…
1Opinion of the CourtJustice Walker
Thompson brings this suit to recover five hundred dollars which it appears the sheriff of Phillips county, under a misapprehension of law, received from him and paid into the Treasury.
We will first examine into the sufficiency of the plea of limita-tation. The State relies upon the 12th Sec. Dig. 203, which provides that “All persons having claims against the State shall exhibit the same with the evidencés in support thereof, to the Auditor to be audited, settled and allowed within two years after such claim shall accrue and not after.” The 13th sec. provides that “In suits brought in behalf…
2Cases cited8 opinions
- Lindsey and Others v. the Lessee of MillerSupreme Court of the United States · 1832
- People v. GasherieNew York Supreme Court · 1812
- Wyman v. HubbardMassachusetts Supreme Judicial Court · 1816
- Crawford v. WillingSupreme Court of the United States · 1803
- Brown v. CampbellSupreme Court of Pennsylvania · 1814
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