Ashby v. Johnston
Supreme Court of Arkansas
Appeal from Claik Circuit Court. Hon. Len B. Green, Circuit Judge. We insist that the plea was good, and that the demurrer to it should have been overruled, and we base ourselves upon two plain propositions of law: first, that by reason of the facts stated in the plea the estate of Johnston was forever discharged from'liability to the appellees on account of the cause of action stated in the declaration.
Read the full summary
Appeal from Claik Circuit Court. Hon. Len B. Green, Circuit Judge. We insist that the plea was good, and that the demurrer to it should have been overruled, and we base ourselves upon two plain propositions of law: first, that by reason of the facts stated in the plea the estate of Johnston was forever discharged from'liability to the appellees on account of the cause of action stated in the declaration. Sec 99, ch. 4, Gould’s Dig.; Walker as ad. vs. Byers, 14 Ark. 246; Bennett et al. vs. Dawson, 15 Ark. 412; and secondly, that a discharge of Johnston’s estate was a discharge of the appellees…
1Opinion of the CourtChief Justice English
This was an action on a guardian’s bond.
The suit was brought by Albert G. and George W. Johnston, (survivors of Philip PI. Johnston, deceased), for whose benefit the bond was executed, whilst they were minors, against John W. Ashby and Thomas A. Heard, the. sureties in the bond, the principal, (Albert G. Johnston), and guardian of the plaintiffs, having departed this life before suit.
The defendants interposed a plea in bar, alleging, in substance, that after the accrual of the cause of action, the principal in the bond died, leaving a will, and his executors declining to qualify, letters of…
2Cases cited1 opinion
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
3Cited by5 opinions
- Weems v. CarterCourt of Appeals for the Fourth Circuit · 1929
- Hull v. HaywardSouth Dakota Supreme Court · 1900
- Armon v. CraigSupreme Court of Iowa · 1927
- Mulvane v. SedgleySupreme Court of Kansas · 1901
- State ex rel. Patterson v. TittmanMissouri Court of Appeals · 1893