City of Helena v. Turner
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. reporter’s statement. This was an action in the circuit court of Phillips county, by the city of Helena against the defendants, upon a bond executed by them on the ninth day of February, 1877, to the mayor and council of the city, for the payment of $1,300 in United States currency, on the first day of November, 1877, for a lease for one year, of the exclusive forwarding and shipping privilege from and to…
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. reporter’s statement. This was an action in the circuit court of Phillips county, by the city of Helena against the defendants, upon a bond executed by them on the ninth day of February, 1877, to the mayor and council of the city, for the payment of $1,300 in United States currency, on the first day of November, 1877, for a lease for one year, of the exclusive forwarding and shipping privilege from and to certain lots of the city fronting on the river. The complaint alleged that the bond was made for the benefit of the…
1Opinion of the CourtEakin, J.
Defendants are the principals and sureties in a bond, given to the city to secure the payment of rent for the privilege of keeping a wharf, and occupying, for the purpose, the river-front of a piece of land belonging to the corporation.
The first paragraph of their answer set forth a release of part, payment of part, and for the balance a tender of city warrants, duly issued, with an offer to bring them into court. This paragraph was not demurrable, as it did show some good matter of defense, in the release and part payment. The tender was not strictly, well pleaded; principally, for lack of…
2Cited by1 opinion
- Ex parte WillisSupreme Court of Arkansas · 1905