Wilson v. Mason
Supreme Court of Arkansas
Error to Conway Circuit Court. The declaration contained two counts; the first upon a bond for the sum of $110 26; and the second, upon an account for $22 94. The plaintiff in error, who was defendant in the Circuit Court, enters his appearance to the action, and craved oyer of the bond mentioned in the first count of the declaration, which was granted, and judgment by nil dicit given against him for the aggregate amount of the several demands mentioned in both counts of the…
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Error to Conway Circuit Court. The declaration contained two counts; the first upon a bond for the sum of $110 26; and the second, upon an account for $22 94. The plaintiff in error, who was defendant in the Circuit Court, enters his appearance to the action, and craved oyer of the bond mentioned in the first count of the declaration, which was granted, and judgment by nil dicit given against him for the aggregate amount of the several demands mentioned in both counts of the declaration, with damages and costs of suit. A motion was made by the defendants in error, for leave to enter in this…
1Opinion of the CourtRingo, C. J.
The record and assignment of errors present but a single question for our consideration and decision: that is, whether the Circuit Court could legally exercise original jurisdiction over the demand mentioned in the second count of the declaration, it being for a sum under one hundred dollars.
It must be conceded that the demand mentioned in the second count, if taken separately, is not originally cognizable before the Circuit Court: But the defendants in error contend, that inasmuch as, according to the principles of the common law, it could be joined in the same declaration, with the demand…
2Cases cited1 opinion
- Berry v. LintonSupreme Court of Arkansas · 1838
3Cited by2 opinions
- Harris v. CastleberryCourt Of Appeals Of Indian Territory · 1901
- Uptmoor v. YoungSupreme Court of Arkansas · 1893