Lincoln v. Wilamowicz
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski County. Assumpsit, determined before Clendenin judge, in June 1846. The declaration counted upon a promissory note made by Jennings, Tucker and Lincoln to Baker, who endorsed to Brown & Fenno, who endorsed to the plaintiff Wilamowicz. Lincoln only was sued, he pleaded five pleas all of which except the first, which was non-assumpsit, were sworn to.
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Appeal from the Circuit Court of Pulaski County. Assumpsit, determined before Clendenin judge, in June 1846. The declaration counted upon a promissory note made by Jennings, Tucker and Lincoln to Baker, who endorsed to Brown & Fenno, who endorsed to the plaintiff Wilamowicz. Lincoln only was sued, he pleaded five pleas all of which except the first, which was non-assumpsit, were sworn to. The plaintiff moved to strike out the 2d, 3d, 4th and 5th pleas because the 2d and 3d were inconsistent with and contradicted the 4th and 5th, in that the 2d and 3d admit a consideration and the 4th and 5th…
1Opinion of the CourtOldham, J.
The appellant contends that the circuit court improperly struck out his 2d, 3d, 4th and 5th pleas to the declaration of the appellee who was plaintiff below. It is contended for the appellee that the pleas were inconsistent and were therefore properly stricken out.
By Rev. St. ch. 116, sec. 68, it is enacted that “the plaintiff in replevin and the defendant in all other actions may plead as many several matters, whether of law or fact, as he may think necessary for his defence.” This section of the statute is verbatim, the same as the statute of "Virginia upon the same subject. See Rev. Code…
2Cases cited1 opinion
- Furniss v. EllisU.S. Circuit Court for the District of Virginia · 1822