Campbell v. Sneed
Supreme Court of Arkansas
This was an action of assumpsit, in the Washinglon Circuit Court, before the Hon. Joseph M. Hose, one of the circuit judges. The declaration contained two counts, first a quantum meruit for goods sold and delivered; and the second, indebitatus count for goods sold and delivered.
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This was an action of assumpsit, in the Washinglon Circuit Court, before the Hon. Joseph M. Hose, one of the circuit judges. The declaration contained two counts, first a quantum meruit for goods sold and delivered; and the second, indebitatus count for goods sold and delivered. The defendant pleaded non-assumpsit, and a special plea setting up that since the commencement of this suit, he had been garnisheed as a debtor of the plaintiff-, setting out the substance of the writ of garnishment, service, and return; that he answered and showed an indebtedness of $73 87, for which amount judgment…
1Opinion of the Court
By the Court,
Ringo, C. J.
Is (his a final judgment, or final decision of the cause, to which a writ of error will lie? The law in our opinion, does not so regard it. Because it neither in form nor effect dismisses the parties from the court, discharges them from the action, or concludes their rights in respect to the subject matter in controversy in the case; and no proceeding in court, not attended with at least one of these consequences, can, in our opinion, be considered as embraced by the law allowing “writs of error upon any final judgment or decision of any circuit court.” And the…
2Cited by7 opinions
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Parker v. MurrySupreme Court of Arkansas · 1953
- Arkansas State Board of Architects v. LarsenSupreme Court of Arkansas · 1956
- Portis v. Board of Public Utilities, LepantoSupreme Court of Arkansas · 1948
- Smith v. AmisSupreme Court of Arkansas · 1937
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