Martin v. Berry
Court Of Appeals Of Indian Territory
Appeal from, the United States Court for the Southern District. C. B. Kilgore, Judge. Suit in attachment by Clay Berry on a promissory note. Judgment for plaintiff. Defendant appeals. This is an action by Clay C. Berry, appellee, upon a promissory note executed by Tom A. Martin, appellant, as follows: “ Dallas, Texas, March 23. 1895. %265.00. On October 1st, 1895, without grace, after date, for value received, I promise to pay to the order of Jos.
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Appeal from, the United States Court for the Southern District. C. B. Kilgore, Judge. Suit in attachment by Clay Berry on a promissory note. Judgment for plaintiff. Defendant appeals. This is an action by Clay C. Berry, appellee, upon a promissory note executed by Tom A. Martin, appellant, as follows: “ Dallas, Texas, March 23. 1895. %265.00. On October 1st, 1895, without grace, after date, for value received, I promise to pay to the order of Jos. Ling & Bro., at the City National Bank of Dallas-, two hundred and sixty-five dollars, with interest after maturity at the rate of ten per cent,…
1Opinion of the CourtI Lewis, J.
(after stating the facts). It is contended ■hat, this cause having been set down for trial in the lower lourt on December 14, 1895, that court erred, even though *402default was made, in rendering judgment before that date. Under the law as it formerly was in Arkansas it was held that the circuit court could not by a rule of practice require a defendant to file his pleas by the fourth day of the term, if the case was not then called for trial; that the statute gave the privilege of withholding the plea until the cause was on its regular call, and that no rule of practice could restrict the time…
2Cases cited9 opinions
- Cook v. MOFFATSupreme Court of the United States · 1847
- Sanger v. FlowCourt of Appeals for the Eighth Circuit · 1891
- Supervisors v. GalbraithSupreme Court of the United States · 1879
- Holliday Bros. v. CohenSupreme Court of Arkansas · 1879
- Buchanan v. Drovers' Nat. Bank of ChicagoCourt of Appeals for the Sixth Circuit · 1893
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