Jacks v. Nelson

Appellants sued defendants before a justice of the peace, filing, before summons, the following paper :

“ Nelson & Hanks, Bankers:

“ Helena, Ark., 12-19-1877.

“Deposit for credit of Charles Hicks $148.60-100, 3-B-6.

“ N. & PI.”

This was indorsed, in writing, by Hicks to Mayfield & Co., and by them to plaintiffs. Judgment was rendered by the justice for plaintiffs, and defendants appealed to the circuit court.

There, defendants filed a written demurrer “to the instrument ” sued on; first, because it does not show cause of action; second, because there was no account nor written contract, or written…