Hudspeth v. Gray, Durrive & Co.
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in September, 1839, before,,the Hon. Charles Caldwell, one of the circuit judges. Gray, Durrive & Co., sued Hudspeth & Sutton on a note payable to Wm. F. Pope or order, for $702 30 in Louisiana funds, with interest from date at eight per cent, per annum, assigned by Pope to John H. Reed, and by him to the plaintiffs. The breach merely negatived the payment of the principal sum.
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This was an action of debt, determined in the Pulaski Circuit Court, in September, 1839, before,,the Hon. Charles Caldwell, one of the circuit judges. Gray, Durrive & Co., sued Hudspeth & Sutton on a note payable to Wm. F. Pope or order, for $702 30 in Louisiana funds, with interest from date at eight per cent, per annum, assigned by Pope to John H. Reed, and by him to the plaintiffs. The breach merely negatived the payment of the principal sum. The writ was well executed on Sutton, but on Hudspeth only by a copy served on a white member of his family over fourteen years of age. Judgment by…
1Opinion of the Court
By the Court,
Ringo, C. J.
Several objections are presented by the assignment of errors, most of which, from the view which we have taken of the case, it will be unnecessary to notice, as the judgment must in any event, be reversed, because the record slUws not only an insufficient execution of process on Hudspeth, the return as to him being that the writ was “executed in the city of Little Rock, on 16th day of July, 1839, by leaving at the house of Charles M. Hudspeth, a copy of the within writ, with a white member of his family over 14 years of age, and informing him of the contents,” when…
2Cases cited5 opinions
- Watson v. M'NairyCourt of Appeals of Kentucky · 1809
- Clary v. MorehouseSupreme Court of Arkansas · 1841
- Jeffery v. UnderwoodSupreme Court of Arkansas · 1838
- Dillard v. EvansSupreme Court of Arkansas · 1842
- Pelham v. OakeySupreme Court of Arkansas · 1842
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- Old Amercian Life Insurance v. HarveySupreme Court of Arkansas · 1967
- Starks v. North Little Rock Policemen's PensionSupreme Court of Arkansas · 1974
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