Biscoe v. Butts
Supreme Court of Arkansas
This was an action of assumpsit, determined in tbe Phillips Circuit Court, in October, 1843, before the Hon. John T. Jomes, one of the circuit judges. Biscoe sued Butts, as administrator of Anderson, by declaration with special count for ‡ 1100, for the use and occupation, by intestate, of the press, types and furniture of the Arkansas State Democrat, a quantum meruit count for the same use and occupation, and the common counts.
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This was an action of assumpsit, determined in tbe Phillips Circuit Court, in October, 1843, before the Hon. John T. Jomes, one of the circuit judges. Biscoe sued Butts, as administrator of Anderson, by declaration with special count for ‡ 1100, for the use and occupation, by intestate, of the press, types and furniture of the Arkansas State Democrat, a quantum meruit count for the same use and occupation, and the common counts. The special counts alleged promises by intestate; the common counts, by the administrator. Plea, non-assumpsit; and a special plea, that the plaintiff, at the term of…
1Opinion of the Court
By the Court,
Lacy J.
The special plea of a former recovery as pleaded by the defendant, was well taken in this cause and properly sustained. The plea contains all the necessary averments, and discloses a state of facts, which prove that the matters in controversy were within the jurisdiction of the probate court, and had been there tried and determined against the plaintiff. The constitution thus defines the original jurisdiction of the circuit courts in two separate clauses in the same sentence: “It shall have original jurisdiction in all civil cases which shall not be cognizable before…
2Cases cited1 opinion
- Dillard v. NoelSupreme Court of Arkansas · 1840
3Cited by1 opinion
- Hicks v. SwankSupreme Court of Oklahoma · 1913