Legal Opinion

Anderson v. Yell

Supreme Court of Arkansas

Decided January 15, 1854PublishedCited by 1 opinion

Appeal from Circuit Qoivrt of Desha County. Hon. JoiiN C. Mueeay, Circuit Judge. Baird incompetent, (J Wend. P. 453. 19 Wend. 353. 20 Jb/m. 142,) being a party to the record. He was interested. 2 Verm. 144. 4 Taunt. 752. 8 Taunt. 139. The filling of the endorsement was error: 1st. It was done after note offered in evidence, (6 Eng. P. 325); and, 2d. After evidence on both sides closed, (2 Phil.. Ev. 407); 3d.

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Appeal from Circuit Qoivrt of Desha County. Hon. JoiiN C. Mueeay, Circuit Judge. Baird incompetent, (J Wend. P. 453. 19 Wend. 353. 20 Jb/m. 142,) being a party to the record. He was interested. 2 Verm. 144. 4 Taunt. 752. 8 Taunt. 139. The filling of the endorsement was error: 1st. It was done after note offered in evidence, (6 Eng. P. 325); and, 2d. After evidence on both sides closed, (2 Phil.. Ev. 407); 3d. The endorsement was so filled up as to deprive appellant of his legal right to notice. See 9 chap., sec. 1, Dig. 3 Eng. 484. After judgment by default against him, Baird was a competent…

1Opinion of the CourtChief Justice WaticiNS

This was an action of debt-, brought by the appellee, James Yell, against John T. Anderson, "William R. Anderson, and Jas. R. Baird, the maker, and first and second endorsers of a promissory note, alleged to be lost or mislaid, to which the Andersons pleaded nil debet, and failure-of consideration. The plaintiff took issue upon the first plea and replied to the second. lie then filed an amended declaration, after -which the death of John T. Anderson^ was .suggested, and the suit ordered to be revived, and progress against his administratrix. At a subsequent day of the same term, that order…

2Cases cited1 opinion

  1. Sevier v. HollidaySupreme Court of Arkansas · 1840

3Cited by1 opinion

  1. Brown v. ClementSupreme Court of Arkansas · 1935

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