Davies v. Gibson
Supreme Court of Arkansas
Error to Chicot Circuit Court. This was an action of debt, commenced and prosecuted by Gibson against Davies in the Circuit Court of Chicot county, upon a writing obligatory, which is described in the declaration as the single obligation of the defendant. At the term to which the original writ was returnable, Davies appeared and craved oyer of the supposed writing obligatory in the declaration mentioned, which was granted by filing a copy thereof.
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Error to Chicot Circuit Court. This was an action of debt, commenced and prosecuted by Gibson against Davies in the Circuit Court of Chicot county, upon a writing obligatory, which is described in the declaration as the single obligation of the defendant. At the term to which the original writ was returnable, Davies appeared and craved oyer of the supposed writing obligatory in the declaration mentioned, which was granted by filing a copy thereof. The record then states that the defendant by his attorneys demurred to the plaintiff’s declaration, “ when, on motion of Gibson, the case was…
1Opinion of the CourtRingo, Chief Justice
The plaintiff, by his assignment of errors to which there is a joinder, questions the decision and judgment of the court, in; 1st. Overruling his motion to dismiss the suit, on the ground that no sufficient bond and security for costs was filed by the plaintiff below, at or before the commencement of the suit: 2nd. Giving final judgment for the plaintiff below, without adjudicating upon, or in any manner disposing of his .demurrer to the declaration: 3d. Giving final judgment for the plaintiff below, his declaration being insufficient in law to warrant or justify such judgment.
The motion to…
2Cited by8 opinions
- Wallace v. CollinsSupreme Court of Arkansas · 1843
- Gray v. Real Estate BankSupreme Court of Arkansas · 1843
- Sims v. WhitlockSupreme Court of Arkansas · 1843
- Biscoe v. SneedSupreme Court of Arkansas · 1850
- Causin v. TaylorSupreme Court of Arkansas · 1842
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