Hastings v. White
Supreme Court of Arkansas
Appeal from Randolph Oirouit Cowrt. lion. L. L. MacK, Circuit Judge. The special plea was no defence to the action. It was bad in substance. The decision of this court, at the present term, in Roane vs. Green & Wilson, settles the point that the plea is bad. The plea being bad in • substance, though the defendant took issue to it after his demurrer was overruled, he was entitled to judgment, Dickerson vs. Morrison, 1 JEhg. Rep., 264, and cases cited. Hughes vs. Sloan, 3 Eng.
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Appeal from Randolph Oirouit Cowrt. lion. L. L. MacK, Circuit Judge. The special plea was no defence to the action. It was bad in substance. The decision of this court, at the present term, in Roane vs. Green & Wilson, settles the point that the plea is bad. The plea being bad in • substance, though the defendant took issue to it after his demurrer was overruled, he was entitled to judgment, Dickerson vs. Morrison, 1 JEhg. Rep., 264, and cases cited. Hughes vs. Sloan, 3 Eng. Rep., 146.
1Opinion of the CourtChief Justice Walhee
The appellant brought his action of debt against the appellees in the Randolph circuit court, upon a promissory note for the sum of one hundred and fifty dollars, to which the defendant plead specially that the note was given upon a contract which was to have been paid in Confederate States paper money, worth at the time the note was executed, twelve cents, in legal tender United States notes, on the dollar. To this plea, the plaintiff demurred: the demurrer was overruled and withdrawn by the plaintiff, who, thereupon, took issue on the plea; which issue was submitted to the court sitting as…
2Cited by1 opinion
- Hastings v. WhiteSupreme Court of Arkansas · 1870