Hill & Co. v. Cawthon & Co.
Supreme Court of Arkansas
Appeal from OuaoMta Gwomt Goivrt. Before Hon. Sheltoh WatsoN, Circuit Judge, Tbe petition was filed too late. It w-as not presented until after tbe cause bad been pending for tliree terms, and when it bad been called and stood for trial, and there was no pretence that any diligence bad been used, or effort made to procure testimony. A petition under tbe statute is governed by precisely tbe same rules governing bills for discovery in equity.
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Appeal from OuaoMta Gwomt Goivrt. Before Hon. Sheltoh WatsoN, Circuit Judge, Tbe petition was filed too late. It w-as not presented until after tbe cause bad been pending for tliree terms, and when it bad been called and stood for trial, and there was no pretence that any diligence bad been used, or effort made to procure testimony. A petition under tbe statute is governed by precisely tbe same rules governing bills for discovery in equity. Digest, cheap. 126, see. 93, 96, 96, 97. Field vs. Pojpe, 5 Arh. 66. Tbe statute requires tbe court to make an order staying tbe proceedings. Digest,…
1Opinion of the Court
Mr. -.Chief Justice WateiNS
delivered tbe opinion of tbe Court.
Tbe appellees commenced an action of law against tbe appellants, .as tbe acceptors of a protested bill of exchange. Tbe process, returnable to tbe April Term, 1852, of tbe Ouachita Circuit Court, was served upon tbe defendants on tbe 24th of February, in that year; and, at tbe return term, they appeared and craved ,oyer of the instrument sued on. At tbe October Term following, •they pleaded non assumpsit, and set off. At tbe April Term, 1853, they interposed a further defence, which, without now questioning its sufficiency, may be…
2Cases cited2 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Field v. PopeSupreme Court of Arkansas · 1843