Anderson v. Yell
Supreme Court of Arkansas
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
- Sevier v. HollidaySupreme Court of Arkansas · 1840
3Cited by1 opinion
- Brown v. ClementSupreme Court of Arkansas · 1935