Means v. Cromwell
Supreme Court of Arkansas
Appeal from. Jackson Circuit Court. This was an action of debt commenced in the court below by the appellant against the appellees, to May Term, 1838. At the return term the appellees moved to dismiss the suit, because the plaintilf was a non-resident of tlic State at the time of commencing the suit, and no bond for costs was filed at or before the commencement of the suit.
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Appeal from. Jackson Circuit Court. This was an action of debt commenced in the court below by the appellant against the appellees, to May Term, 1838. At the return term the appellees moved to dismiss the suit, because the plaintilf was a non-resident of tlic State at the time of commencing the suit, and no bond for costs was filed at or before the commencement of the suit. These facts being proven, the court sustained the motion, and the suit was dismissed, from which judgment of dismissal an appeal was taken, It will be seen that any lawyer may issue writs, &c. See McCamp-bclPsDigest, 324,…
1Opinion of the CourtRingo, Chief Justice
The declaration was filed, and writ issued on the 28th day of April, 1838, returnable to the next May Term of said court. At the return of the writ, the defendants moved the court to dismiss the suit, on the ground that the plaintiff was a non-resident of ibis Stale, at the time the suit was instituted, and did not I'd.' with the Clerk before the institution thereof, a bond with security foraosts, as required by law. This motion the court entertained, and the facis being established, dismissed the case, and rendered judgment for cosis against the plaintiff:— whereupon the plaintiff appealed,…
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