Lawrence v. Ellsworth
Supreme Court of Arkansas
APPEAL from Garland circuit court in chancery. Hon. J. M. Smith, Circuit Judge. 1. A stated account depends upon the circumstance of the case (1 Story Eq., sec. 526), and only exists where the ■accounts have been examined and the balance admitted as the true balance, without having been paid. 2 Story Eq.
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APPEAL from Garland circuit court in chancery. Hon. J. M. Smith, Circuit Judge. 1. A stated account depends upon the circumstance of the case (1 Story Eq., sec. 526), and only exists where the ■accounts have been examined and the balance admitted as the true balance, without having been paid. 2 Story Eq. PI., sec. 798 ; 7 Paige, 573. 2. When a plea of limitation is traversed, the burden of pi oof is on plaintiff to show both a cause of action and suing out of process within the period limited. 27 Arle., 343. The bar of the statute is absolute in a court of equity as in a court of law. 2 A. E.…
1Opinion of the Court
Smith, J,
Ellsworth brought an action at law against Lawrence for moneys lent, advanced and paid out to his use, for board and lodging, for the rent of rooms and for a balance alleged to be due on partnership transactions. The defences were the statute of limitations and a specific denial of indebtedness, either on individual or partnership account, coupled with an averment in general terms that, upon a fair settlement of the business of the partnership, the plaintiff' would be found indebted to .the defendant. And upon a suggestion by the defendant that the controversy involved an examination…
2Cited by8 opinions
- Nelson v. Chicago Mill & Lumber CorporationCourt of Appeals for the Eighth Circuit · 1935
- Dunavant v. FieldsSupreme Court of Arkansas · 1901
- Lanier v. Union Mortgage, Banking & Trust Co.Supreme Court of Arkansas · 1897
- Hamilton-Brown Shoe Co. v. Choctaw Mercantile Co.Supreme Court of Arkansas · 1906
- Griffith v. HicksSupreme Court of Arkansas · 1921
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