Scott v. Fowler
Supreme Court of Arkansas
Writ of error to the Circuit Court of Pulaski county.. The Hon. W. H. Feild, Circuit Judge, presiding. contended that as the matter set up in the 4th plea of the defendants was a temporary suspension of the right to sue, and under the opinion in this cause in 6 Eng. 675, not an absolute bar, the replication showing the removal of the temporary suspension is a sufficient avoidance of the plea; as to a plea setting up a levy, a replication showing that the levy had been…
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Writ of error to the Circuit Court of Pulaski county.. The Hon. W. H. Feild, Circuit Judge, presiding. contended that as the matter set up in the 4th plea of the defendants was a temporary suspension of the right to sue, and under the opinion in this cause in 6 Eng. 675, not an absolute bar, the replication showing the removal of the temporary suspension is a sufficient avoidance of the plea; as to a plea setting up a levy, a replication showing that the levy had been disposed of, would be sufficient — or to a plea of another action pending for the same cause, that the first suit had been…
1Opinion of the CourtJustice Walker
When this case was, upon a former occasion-, before us (see 6 Eng. Rep. 675), the 4th plea of defendant, Fowler, the legal effect of which was to deny the existence of a subsisting cause of action in the plaintiff at the time his suit was commenced, was held to be a good plea in bar; and consequently no question can now be raised as to its legal sufficiency.
When the case was remanded to the Circuit Court for further proceedings therein to be had, the plaintiff replied to the 4th plea, matter which showed that his right to sue accrued to him at a day subsequent to the commencement of his…
2Cases cited1 opinion
- Fitzpatrick's Adm'r v. HillSupreme Court of Alabama · 1846
3Cited by9 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Cox v. SmithSupreme Court of Arkansas · 1911
- Lilly v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1928
- Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
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