Walker v. Byers
Supreme Court of Arkansas
Error to Independence Circuit Court. Hon. Beajford H. Neely, Circuit Judge. The subject matter in controversy in this case, set up by Byers’ defense, to wit: that Walker, as the administrator of Pope, is indebted to him, from him and Pope being partners in tbe firm of I. M. Manning, is that for which Byers’ cross bill in Walker vs. Byers, 14 Ark. 246, was filed.
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Error to Independence Circuit Court. Hon. Beajford H. Neely, Circuit Judge. The subject matter in controversy in this case, set up by Byers’ defense, to wit: that Walker, as the administrator of Pope, is indebted to him, from him and Pope being partners in tbe firm of I. M. Manning, is that for which Byers’ cross bill in Walker vs. Byers, 14 Ark. 246, was filed. The parties are the same, the subject matter is the same, the decree in that case denies Byers’ prayer for relief, the decree w.as made upon the merits, upon final hearing, in the Court of the last resort, and it cannot be reversed by…
1Opinion of the CourtJustice Scott
The plaintiff sued in assumpsit, counting only for money had and received. The general issue was the only plea interposed. The plaintiff, after proving his representative character, proved that he duly demanded of the defendant the one half of the proceeds of the judgment in favor of William H. Iiynson vs. Patrick P. Burton, rendered in the Independence Circuit Court on the 7th day of Februaiy 1846. Then, after reading in evidence the record entry of the final judgment in that cause, proceeded to read the entry of satisfaction thereof, on the mai’gin of the record — the defendant admitting…
2Cases cited1 opinion
- Walker v. ByersSupreme Court of Arkansas · 1853
3Cited by2 opinions
- Watkins v. ParkerSupreme Court of Arkansas · 1911
- George v. NorrisSupreme Court of Arkansas · 1861