Tally v. Reynolds
Supreme Court of Arkansas
Error to Washington Circuit Court. This was an action of debt. Reynolds, defendant in the court below, filed his affidavit, stating that he verily believed that the plaintiff’s attorney had no authority to bring the suit, and his reasons for that belief. Tt|g attorney objected to the sufficiency of the affidavit, and his objections were overruled. He then introduced testimony to prove his authority. The court decided the testimony insufficient, and dismissed the suit.
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Error to Washington Circuit Court. This was an action of debt. Reynolds, defendant in the court below, filed his affidavit, stating that he verily believed that the plaintiff’s attorney had no authority to bring the suit, and his reasons for that belief. Tt|g attorney objected to the sufficiency of the affidavit, and his objections were overruled. He then introduced testimony to prove his authority. The court decided the testimony insufficient, and dismissed the suit. It is assigned as error that the court erred in deciding the affidavit sufficient, and also in dismissing the suit. After the…
1Opinion of the CourtRingo, Chief Justice
The defendant appeared in'the court below, and after filing a prayer of oyer of the record, and letters of administration mentioned in the declaration, on his affidavit then filed, obtained a rule against the attorney prosecuting the suit, to show by what authority he’ prosecuted the same. The affidavit stated in substance that David Walker, the attornc^prosecuting the suit, had no warrant or authority to prosecute this suit, as he verily believed; and that this belief was founded on the fact that the plaintiff is a resident of the State of Tennessee, and the papers v/erc in the hands of A.…
2Cases cited2 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Denton v. NoyesNew York Supreme Court · 1810
3Cited by9 opinions
- McKenzie v. BurrisSupreme Court of Arkansas · 1973
- Pekin Stave & Manufacturing Co. v. RameySupreme Court of Arkansas · 1912
- Campbell v. City of Hot SpringsSupreme Court of Arkansas · 1960
- Bell v. FarwellIllinois Supreme Court · 1901
- Cartwell ex rel. Houston v. MenifeeSupreme Court of Arkansas · 1840
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