Phillips v. Governor
Supreme Court of Arkansas
Error to Crawford Circuit Court. This was an action of debt, on an administrator’s bond, commenced by “James S. Conway, Governor of’the State of Arkansas, and successor of John Pope, Governor of the late Territory of Arkansas, for the use and benefit of Samuel Dennis” and others, as heirs of David Trimble, deceased, against the plaintifls in error, together with Green-up D. Womsley, on the bond of Womsley as administrator of the estate of David Trimble, dec’d, in which bond…
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Error to Crawford Circuit Court. This was an action of debt, on an administrator’s bond, commenced by “James S. Conway, Governor of’the State of Arkansas, and successor of John Pope, Governor of the late Territory of Arkansas, for the use and benefit of Samuel Dennis” and others, as heirs of David Trimble, deceased, against the plaintifls in error, together with Green-up D. Womsley, on the bond of Womsley as administrator of the estate of David Trimble, dec’d, in which bond the plaintiffs in error were securities. The declaration demands $8,000, the penalty of > the bond, and states that the…
1Opinion of the CourtLacy, Judge
It is contended on behalf of the plaintiffs in error that the court below erred in overruling the demurrer to the declaration, and that all the subsequent proceedings are consequently irregular and illegal.
Before we proceed to determine this point, it may he well to notice., and dispose of another objection, urged by the plaintiff in error. It is said the action cannot he maintained because'the suit is brought in the name of James S. Conway, Governor of the State of Arkansas, as the successor of John Pope, late Governor of the Territory as aforesaid, when in truth and fact the plaintiff was…
2Cases cited3 opinions
- People v. RussellNew York Supreme Court · 1830
- Nicholson v. ShowermanNew York Supreme Court · 1831
- I. & G. N. R. R. v. BostCourt of Appeals of Texas · 1884
3Cited by2 opinions
- Euper v. StateSupreme Court of Arkansas · 1907
- Witt v. StateSupreme Court of Arkansas · 1853