Wilson v. King
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The complaint was fatally defective. 1 Chitty, PI. 369-70; Newman, PI. & Pr. 279-80, 408, 435, 436, 439 et seq. 2. King, the plaintiff, was civilly dead, and could not sue. Mansf. Dig. sec. 566; 1 Bl. Com. *132; 2 id. 121; 4 id. 380. 3. The bond was to be filed only upon conditions to be complied with, and the clerk had notice of the conditions. 8 Wend. 414, cited in note 4, p. 458; 2 Am. & Eng. Enc.
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Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The complaint was fatally defective. 1 Chitty, PI. 369-70; Newman, PI. & Pr. 279-80, 408, 435, 436, 439 et seq. 2. King, the plaintiff, was civilly dead, and could not sue. Mansf. Dig. sec. 566; 1 Bl. Com. *132; 2 id. 121; 4 id. 380. 3. The bond was to be filed only upon conditions to be complied with, and the clerk had notice of the conditions. 8 Wend. 414, cited in note 4, p. 458; 2 Am. & Eng. Enc. Daw, note, and par. 8, p. 458 id.; 48 Ark. 426 ; ib. 438-9. 4. In any event defendant was only liable for rents after April 6,…
1Opinion of the CourtBattle, J.
In Pillow V. King, lately pending in this court, John Farmer executed a bond to stay proceedings on the decree appealed from in that case. He was afterwards released, on his application, from further liability, an<J S. C. Wilson executed another bond, in the sum of $3500, for the same purpose, which was filed with and approved by the clerk of this court. The condition and effect of the bond was as provided by section 1295 of Mansfield’s Digest.
The decree which was appealed from in Pillow v. King was affirmed by this court, and King brought this action on the bond of Wilson to recover the…
2Cases cited1 opinion
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