Dickerson v. Morrison
Supreme Court of Arkansas
Writ of error to the circuit court of Independence county. Actios of debt, by Dickerson against Morrison. The case was first determined, on demurrer to the declaration, at the August term of the Independence circuit court, 1843, and the judgment, then rendered, reversed on appeal. See Dickerson vs. Morrison, 5 Ark. Rep. 316. It was again determined at the August term, 1844, before the Hon. Thomas Johnson, then one of the circuit judges.
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Writ of error to the circuit court of Independence county. Actios of debt, by Dickerson against Morrison. The case was first determined, on demurrer to the declaration, at the August term of the Independence circuit court, 1843, and the judgment, then rendered, reversed on appeal. See Dickerson vs. Morrison, 5 Ark. Rep. 316. It was again determined at the August term, 1844, before the Hon. Thomas Johnson, then one of the circuit judges. The suit was commenced on the 14th April, 1843, and was founded on a writing obligatory for $104, dated 11th Feb., 1837, due twelve months alter its date, and…
1Opinion of the Court
Oldham, J,
delivered the opinion of the court.
This was an action of debt, brought in the circuit court, against Morrison, upon a writing obligatory, executed by him and one Barnett, who was not sued. Morrison pleaded non assumpsit within five years,- to which there was a replication and issue.
It was decided in Baldwin against Cross, 5 Ark. Rep. 510, that the statute of limitations, in action of debt upon a foreign judgment, brought within five years after the 20th March, 1839, when the act took effect, was no bar to the action. The principle settled in' that case governs in the determination…
2Cases cited2 opinions
- Baldwin v. CrossSupreme Court of Arkansas · 1844
- People v. HaddockNew York Supreme Court · 1834