Legal Opinion

Amos v. Humboldt Loan Ass'n

Supreme Court of Arkansas

Decided January 15, 1879PublishedCited by 6 opinions

jError from Allen District Court. At the July Term, 1875, of the district court, The Humboldt Loan Association, with leave of court, dismissed its action, against Amos, without prejudice to a future action, although the defendant had then on file in said action, his answer amounting to a counter-claim, and objected to the ruling of the court aforesaid. The defendant brings the case here for review.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On February 24th, 1875, the Humboldt Loan Association commenced its action against Geo. A. Amos and others, .to foreclose a certain mortgage executed to it by said Amos. On March 26th, 1875, said Amos filed his answer, amounting to a counter-claim. Afterward, on July 9th,-1877, before the case was called for trial, the court granted the motion of the association to dismiss its action without prejudice to a future action, against the objection of Amos. This ruling of the court is assigned as error, and counsel of the plaintiff in error…

2Cited by6 opinions

  1. New Hampshire Banking Co. v. BallSupreme Court of Kansas · 1897
  2. Sisk v. EdmonstonSupreme Court of Kansas · 1947
  3. Henry v. EddeSupreme Court of Kansas · 1938
  4. Aetna Life Ins. v. Township of LakinCourt of Appeals for the Eighth Circuit · 1894
  5. Wilkinson v. MearsSupreme Court of Kansas · 1908

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