State v. Wallis
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. In 1885 the Attorney General, under the provisions of ch. 103 of the Acts of 1885, employed W. W. "Wallis as attorney on behalf of the State to collect amounts due the sixteenth section school fund in Scott county.
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Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. In 1885 the Attorney General, under the provisions of ch. 103 of the Acts of 1885, employed W. W. "Wallis as attorney on behalf of the State to collect amounts due the sixteenth section school fund in Scott county. Before the notes and accounts belonging to the fund were delivered to him, Wallis executed to the State a bond conditioned for the faithful keeping, collecting and accounting for the school fund, as follows : ‘ ‘ State oe- Arkansas, [ County oe. Scott, j Know all men by these presents: That I, W. W. Wallis, as principal, and…
1Opinion of the CourtHemingway, J.
Proof that such of the defendants as subscribed the bond did so upon the condition that other persons named in it as sureties would sign it, was not incompetent. It was not designed to vary the terms of a written instrument, but to show that there never was a complete execution of such instrument. For this purpose it was competent. Ware v. Allen, 128 U. S. 590.
We are of opinion that the evidence sustains the court’s finding that the subscribing sureties signed their names upon the condition that J. C. Gilbreath, whose name appeared in the body of the bond as a surety, would sign it. Such…
2Cases cited5 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Dair v. United StatesSupreme Court of the United States · 1873
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
- Butler v. United StatesSupreme Court of the United States · 1875
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