Gordon v. State ex rel. Wallace
Supreme Court of Arkansas
Writ of Error to Washington Circuit Court. This was an action of debt by the State, for the use of Wallace, upon an administrator’s bond, against Gordon, the principal in the bond, and Oldham and Cardwell, securities, determined in the Washington Circuit Court, in February, 1845, before the Hon. Sebron G. Sneed, then one of the Circuit Judges.
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Writ of Error to Washington Circuit Court. This was an action of debt by the State, for the use of Wallace, upon an administrator’s bond, against Gordon, the principal in the bond, and Oldham and Cardwell, securities, determined in the Washington Circuit Court, in February, 1845, before the Hon. Sebron G. Sneed, then one of the Circuit Judges. The declaration alleged, as special breaches of the bond, that Gordon’s estate, at the time of his death, was indebted to Wallace in several sums of money; that the claims were presented to Gordon, as such administrator, and allowed by him, and…
1Opinion of the CourtJustice Scott
The plaintiff in error insists that the judgment against him upon his demurrer, and also the final judgment against him were erroneous, because, as he contends, the declaration was fatally defective. And there can be no serious question but that this position is well taken: for, in no possible form of stating the facts disclosed in the declaration, can any right of action be shown in the plaintiff below: and therefore, although these imperfections were not specially expressed in the demurrer, they are without the circle of the influence of our statute regulating demurrers, as that has been…
2Cases cited4 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Hall v. RochesterNew York Supreme Court · 1824
- Andrus v. WaringNew York Supreme Court · 1822
- Outlaw v. YellSupreme Court of Arkansas · 1844