Pettus v. Bird
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. A case was made for a jury under Section 4431, Subdivision 5, Kirby’s Digest. 2. The sheriff’s return was part of the record and shows appellee to be a married woman. 3. It was not proved that appellee signed as surety for her husband. There is evidence that it was given for her separate business in which she was actively engaged. This was a question of fact for a jury.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. A case was made for a jury under Section 4431, Subdivision 5, Kirby’s Digest. 2. The sheriff’s return was part of the record and shows appellee to be a married woman. 3. It was not proved that appellee signed as surety for her husband. There is evidence that it was given for her separate business in which she was actively engaged. This was a question of fact for a jury. The debt was the husband’s and appellee was a mere surety. Her coverture does not appear of record. The judgment was properly…
1Opinion of the CourtMcCulloch, C. J.
Appellee Maggie Bird and her husband, A. Bird, executed a joint promissory note to appellant for the sum of $6,826.07, dated April 10, 1908, payable on the first day of September after date, and on March 4, 1916, appellant instituted an action in the circuit court of St. Francis County against appellee and her said husband to recover the amount of the unpaid balance on the note. Judgment was rendered in favor of appellant in that action, and on February 14, 1918, appellee filed her complaint in said circuit court to set aside the judgment, alleging that she was a married woman at the time of…
2Cases cited3 opinions
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- Warner v. HessSupreme Court of Arkansas · 1899
- Richardson v. MatthewsSupreme Court of Arkansas · 1894
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