Legal Opinion

State Bank v. Minikin

Supreme Court of Arkansas

Decided January 15, 1852Published

Writ of Error to Independence Circuit Court, On the 22d March, 1849, the Bank of the State of Arkansas brought an action of debt, by petition, against Peter Engles and John Minikin, in the Independence Circuit Court, on a note due 25th October, 1844, executed by them, and one William D. En-gles to the Bank. At the return term, September, 1849, oyer of the note sued on was prayed and granted.

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Writ of Error to Independence Circuit Court, On the 22d March, 1849, the Bank of the State of Arkansas brought an action of debt, by petition, against Peter Engles and John Minikin, in the Independence Circuit Court, on a note due 25th October, 1844, executed by them, and one William D. En-gles to the Bank. At the return term, September, 1849, oyer of the note sued on was prayed and granted. At the March term, 1850, the death of Peter Engles was suggested, and the suit abated as to him. Defendant Minikin filed three pleas in abater ment, alleging, in different forms, that the writ issued…

1Opinion of the CourtJustice Walker

Whether the court below erred or not in overruling the plaintiff's motion to strike from the files the four rejoinders of the defendant to the plaintiff’s replication, must depend upon the right which the defendant had to>file them under the statute, or in point of order, or time; or because by no form of pleading could the subject matter be made a legal response to the replication.

In regard to the first class of objections, it may be remarked that whilst our statute, like that of Ann, gives to the defendant a right to file as many pleas as he may deem necessary for his de-fence, these…

2Cases cited1 opinion

  1. Gray's adm'rs v. WhiteSupreme Court of Alabama · 1843

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