Hempstead v. Watkins
Supreme Court of Arkansas
Appeal from the chancery side of the circuit court of Pulaski county. This was a bill in chancery, to injoin a judgment at law, by Samuél Ii. Hempstead and Elias N. Conway against Robert A. Watkins, administrator of Ann L. B. Byrd, determined in the circuit court of Pulaski county, chancery side, at the May term, 1844, before the How. J. C. P. Tolmsow, special judge.
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Appeal from the chancery side of the circuit court of Pulaski county. This was a bill in chancery, to injoin a judgment at law, by Samuél Ii. Hempstead and Elias N. Conway against Robert A. Watkins, administrator of Ann L. B. Byrd, determined in the circuit court of Pulaski county, chancery side, at the May term, 1844, before the How. J. C. P. Tolmsow, special judge. The bill was filed September 26th, 1842, and contained, substantially, the following allegations: That on the 16th March, 1839, Daniel McDonald 'as principal and co'mplainants as his securities, executed to Ann L. B. Byrd a…
1Opinion of the CourtOuDHAM, J.
We do not conceive it to be necessary in this case, to determine at what time a defendant should regularly object to a bill for want of equity, or whether the defendant in this case has sufficiently reserved the point in his answer, so as to enable him to question •the sufficiency of the bill upon the final hearing; but will proceed, at once, to the consideration of the question, whether the bill discloses a defence cognizable in a court of equity.
It is laid down as a general rule, that “if a creditor does any .act injurious to the surety, or if he omits to do any act when required by the…
2Cases cited16 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- French v. GarnerSupreme Court of Alabama · 1838
- Dugan v. CuretonSupreme Court of Arkansas · 1837
- Ellis v. BibbSupreme Court of Alabama · 1829
- Teague v. RussellSupreme Court of Alabama · 1830
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