Gans v. Holland
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. J. N. Cypert Circuit Judge. STATEMENT. This suit was originally brought in the Probate Court of White County, in 1867, by Gans against Gist, as administrator of Thomas, on the following instrument: “ Stony Point, April 25, 1862. <‘$895 25.- “Due Leon Gans, eight hundred and ninety-five and '25-100 dollars borrowed money and payment for a mule, for which I promise to deliver cotton at Des Arc, at eight ■cents per pound, when called on.
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APPEAL from White Circuit Court. Hon. J. N. Cypert Circuit Judge. STATEMENT. This suit was originally brought in the Probate Court of White County, in 1867, by Gans against Gist, as administrator of Thomas, on the following instrument: “ Stony Point, April 25, 1862. <‘$895 25.- “Due Leon Gans, eight hundred and ninety-five and '25-100 dollars borrowed money and payment for a mule, for which I promise to deliver cotton at Des Arc, at eight ■cents per pound, when called on. John E. Thomas.” The case went to the Circuit Court, on appeal of Gans, and from there to this court, on appeal of the…
1Opinion of the Court
OPINION.
Eakin, J.
psacpractice: Transcript on This is the same cause which was before Court under the style of Gist, Adm’r v. Gans, reported in 30 Ark. 285. Upon this appeal, the transcript only subsequent proceedings in the Court below, is brought up ; but the former transcript is still before us, and the Court takes notice of its contents.
Upon the return of the cause to the White Circuit Court, the defendant, Gist, for a further defense, pleaded that on a day in the year 1862, “ after the making of said contract in its original form,” his intestate, Thomas, had performed the obligation by…
2Cases cited1 opinion
- Gist v. GansSupreme Court of Arkansas · 1875
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