Bailey v. Gatton
Supreme Court of Arkansas
Appeal ft om White Circuit Court. The Hon. W. C. Scott, Circuit Judge, presiding. The cause of action in a suit before a justice being filed and subject to the inspection of the party, need not be described in the summons; and if misdescribed it is immaterial. Dig. ch. 95, sec. 181. Levy us.
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Appeal ft om White Circuit Court. The Hon. W. C. Scott, Circuit Judge, presiding. The cause of action in a suit before a justice being filed and subject to the inspection of the party, need not be described in the summons; and if misdescribed it is immaterial. Dig. ch. 95, sec. 181. Levy us. Sherman, 1 Eng.-182. The plea of ne unques administrator, not being filed before the justice, ought not to have been filed in the Circuit Court, Dig.ch. 95; and was only matter of abatement, 2 Ark. 195. As the note was given to Bailey, adm’r. &c., he might well-have sued in his representative character.…
1Opinion of the Court
Mr.' Justice Walker
delivered the opinion-of-the Court.-
On the second day of June,-1847, the plaintiff filed in the office of a justice of the peace, the following instrument:-
“White county, March 3d, 1842.
Twelve months after date, we promise jointly and severally to pay to Abner Bailey, administrator of Elijah Bailey, deceased, or order, forty-five dollars and twelve and a half cents, for value received, with interest at ten per cent, per annum, after maturity. Witness our hands and seals.
JOHN L. GATTON, [l.s.] ‘
JOHN M. CLARK, [l.s.]
AUGUSTUS GATTON, [l.s.]”
Upon which instrument so filed the…
2Cases cited1 opinion
- Jeffery v. UnderwoodSupreme Court of Arkansas · 1838
3Cited by1 opinion
- Pine Bluff Aerie No. 209 Fraternal Order of Eagles v. DreyfusSupreme Court of Arkansas · 1909