Field v. Pope
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The count of the declaration is in these words : “For that, whereas, on the 15th day of April, 1840* at the county of Pulaski aforesaid, by bis certain promissory note, in writing, signed by his hand, by the style of Wm.
Read the full summary
This was an action of debt, determined in the Pulaski Circuit Court, in November, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The count of the declaration is in these words : “For that, whereas, on the 15th day of April, 1840* at the county of Pulaski aforesaid, by bis certain promissory note, in writing, signed by his hand, by the style of Wm. Field, the date of which is the day and year aforesaid, then here to the Court shown, promised, on or before the first day of July next, (o pay P. JL and Hamilton Pope, three hundred and seventy-eight dollars and eighteen and…
1Opinion of the Court
By the Court,
Paschal, J.
It becomes unnecessary to decide any question in regard to thp evidence offered to impeach the answer of the plaintiff to the bill of discovery. The only issue was on the plea of payment. The evidence drawn out by the discovery could only properly be read to support the issue formed in the pleadings at law, Evidence, therefore, which merely goes to impeach the original consideration, cannot be offered under a plea of payment, but the same ought, to be pleaded, upon the universal principle that no evidence shall be allowed, except such as relates to the issue before the…
2Cases cited1 opinion
- Hanly v. Real Estate BankSupreme Court of Arkansas · 1842
3Cited by2 opinions
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Hill & Co. v. Cawthon & Co.Supreme Court of Arkansas · 1854