Pope ex rel. Reed v. Latham
Supreme Court of Arkansas
Appeal from Clark Circuit Court. This was an action of debt, brought in the Clark Circuit Court, by the plaintiff', against Joseph Butler, a nonresident, as principal, and Latham and others, as his securities on Butler’s bond as Sheriff, to. the March term, 1831. No breaches were assigned in the declaration.
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Appeal from Clark Circuit Court. This was an action of debt, brought in the Clark Circuit Court, by the plaintiff', against Joseph Butler, a nonresident, as principal, and Latham and others, as his securities on Butler’s bond as Sheriff, to. the March term, 1831. No breaches were assigned in the declaration. Upon general demurrer the declaration was adjudged insufficient, and an amended declaration filed at March term, 1831; to which the defendants specially demurred, at September term, 1831, and their demurrer being overruled, they pleaded, first, a special plea of non est factum, and…
1Opinion of the CourtLacy, Judge
As the case now appears before us, we deem it unnecessary to notice several steps that were taken in the early stage of the proceedings. At the March term of the Circuit Court the plaintiff filed an amended declaration, to which the defendants demurred. The demurrer was overruled and they obtained leave to plead over to the action. Their first plea was a special non cst factum, and their second the plea of conditions performed. The plaintiff put in a replication to the second plea, assigning the breaches upon the bond; to which there was a rejoinder by the defendants, and issue. The plaintiff…
2Cases cited1 opinion
- Bacon v. BrownCourt of Appeals of Kentucky · 1813
3Cited by14 opinions
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Fisk v. HenarieOregon Supreme Court · 1887
- Inglish v. BrenemanSupreme Court of Arkansas · 1844
- State v. GriffieSupreme Court of Missouri · 1893
- Diamond Plate Glass Co. v. DeHorityIndiana Supreme Court · 1895
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