Walker v. Byers
Supreme Court of Arkansas
Appeal from the Circuit Court of Independence county. The Hon. W. C. Scott, Circuit Judge, presiding. Neither the bill of Manning, nor of Byers was sworn to; nor was an affidavit authenticating either claim to be just and true as required by the statute, presented at the hearing or shown by any means ever to have existed; the bill ought, thereiore, to have been dismissed, Dig. p. 126, secs. 88, This is not a case of trust, for that had ceased, not only by the dissolution of…
Read the full summary
Appeal from the Circuit Court of Independence county. The Hon. W. C. Scott, Circuit Judge, presiding. Neither the bill of Manning, nor of Byers was sworn to; nor was an affidavit authenticating either claim to be just and true as required by the statute, presented at the hearing or shown by any means ever to have existed; the bill ought, thereiore, to have been dismissed, Dig. p. 126, secs. 88, This is not a case of trust, for that had ceased, not only by the dissolution of the partnership, but by the death of the appellant’s intestate; and the bar attached fully after such cessation of the…
1Opinion of the CourtJustice Scott
This cause was brought here from the chancery side of the Independence Circuit Court, on the separate appeal of Walker. The original bill was filed on the 13th day of March, 1847, by Ichabod M. Manning, against Walker, as administrator of James Pope deceased, and against William Byers : alleging that a certain partnership, which he particularly set out, had existed between himself, Byers and Pope, in his lifetime, from the 12th of February, 1838, when it was formed, until the 24th of March, 1841, when it was dissolved by mutual consent, and when an account, which he to some extent set out,…
2Cited by33 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Goff v. PriceWest Virginia Supreme Court · 1896
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Morgan v. HamletSupreme Court of the United States · 1885
- State v. EvansWashington Supreme Court · 1927
28 more not listed; retrieve them via the Exa API.