Gray v. Real Estate Bank
Supreme Court of Arkansas
This was an action of assumpsit, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The Real Estate Bank sued Gray and' others to September term, 1841, on a bill of Exchange.
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This was an action of assumpsit, determined in the Pulaski Circuit Court, in December, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The Real Estate Bank sued Gray and' others to September term, 1841, on a bill of Exchange. At that term, the defendants, Turner, Bozeman, and Me Cargo, pleaded the general issue, to which the plaintiff joined; and the Court set aside the return of the sheriff, on the original summons, so far as it purported tó show any service on Gray and Buckner, on their motion, awarded an alias writ against them, and continued the case until the next…
1Opinion of the Court
By the Court,
Ringo, C. 3.
The correctness of the judgment is questioned by the plaintiffs in error, on two grounds: 1st, that the Court erred in adjudging their plea filed puis darrien continuance insufficient, and sustaining the demurrer thereto; and, 2d, that said judgment was given against them, without any valid service of process on some of them to appear, or their appearance to the action being voluntarily entered.
The latter ground is untrue in fact, as the transcript of the record shows a joint plea, Sled by, or on behalf of, all of the defendants below, and therefore is untenable.
It…
2Cases cited4 opinions
- Block v. WalkerSupreme Court of Arkansas · 1839
- Davies v. GibsonSupreme Court of Arkansas · 1840
- Purdy v. BrownSupreme Court of Arkansas · 1842
- Gamblin v. WalkerSupreme Court of Arkansas · 1838
3Cited by2 opinions
- Lynn v. KellySupreme Court of Alabama · 1920
- Biscoe v. SneedSupreme Court of Arkansas · 1850