E. O. Barnett Bros. v. Alexander
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; statement oe eacts. E. O. Barnett Bros., a partnership composed of Oscar Barnett and Horatio Barnett, sued W. D. Alexander, a justice of the peace, to recover $100 alleged to be due on a promissory note executed by the defendant and others to the plaintiffs. The defendant recovered judgment in the justice’s court, and the plaintiffs duly appealed to the circuit court.
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Appeal from Hot Springs Circuit Court; W. H. Evans, Judge; statement oe eacts. E. O. Barnett Bros., a partnership composed of Oscar Barnett and Horatio Barnett, sued W. D. Alexander, a justice of the peace, to recover $100 alleged to be due on a promissory note executed by the defendant and others to the plaintiffs. The defendant recovered judgment in the justice’s court, and the plaintiffs duly appealed to the circuit court. The defendant then gave notice in writing to the plaintiffs requiring them to sue certain named persons as being the principal debtors who signed the note, and stated in…
1Opinion of the Court
Hart, J.,
(after stating the facts). The defendant seeks to uphold the judgment under 8287, 8288, of Crawford & Moses’ Digest. Sec. 8287 is as follows:
“Any person bound as surety for another in any bond, bill or note, for the payment of money or the delivery of property, may, at any time after action hath accrued thereon, by notice in writing, require the person having such right of action forthwith to commence suit against the principal debtor and other party liable.”
Sec. 8288 provides that if such suit be not commenced within thirty days after the service of such notice and proceeded on with…
2Cases cited2 opinions
- Shores-Mueller Co. v. PalmerSupreme Court of Arkansas · 1919
- Sims v. EverettSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Madison County Farmers Ass'n v. American Employers' Ins. CoCourt of Appeals for the Eighth Circuit · 1954
- Donahue v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1929