Sillivant & Thorn v. Reardon
Supreme Court of Arkansas
This was an action of debt, tried in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges.
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This was an action of debt, tried in the Pulaski Circuit Court, in May, 1842, before the Hon. John J. Clendenin, one of the circuit judges. Reardon sued Sillivant, Ford, and Thorn, on a bond .for $500, conditioned that, as Reardon had sold them all the wood and limber on a tract of land, (except sufficient to put it under good fence), with the right of cutting and removing the same, they agreed •to clear and grub the land so as to prepare it for the plough, and to fence it in a certain manner, all by the 15th March, 1840, and to pay him ‡75 by Feb. 1, 1840, and that the clearing and grubbing…
1Opinion of the Court
By the Court,
Paschal, J.
The proceedings in this case are greatly encumbered with useless matter ; and such as an industrious bar, anxious to try every cause upon its merits, should never indulge.
Reardon sued the plaintiffs in error, and Ford, in debt on a 'penal bond, a copy of which is three limes set forth in the proceedings. The original writ was served on the 8th August, 1840, on all the defendants. No objection whatever exists as to the service on Sillivant & Ford. At the appearance term, Reardon obtained leave to amend his declaration, and on his motion an alias writ issued as to all…
2Cases cited7 opinions
- Amis v. SmithSupreme Court of the United States · 1842
- Strohmier v. StumphIndiana Superior Court · 1873
- Trammell v. HarrellSupreme Court of Arkansas · 1842
- Bank of Genessee v. FieldNew York Supreme Court · 1839
- Hanly v. Real Estate BankSupreme Court of Arkansas · 1842
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- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902
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- Newton v. CockeSupreme Court of Arkansas · 1849
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