Featherston v. Wilson
Supreme Court of Arkansas
This was a suit determined in the Crawford Circuit Court, in February, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. Featherston and Wilson, in the Court below, by declaration, commencing, “William G. Featherston, the plaintiff in this suit, by attorney, complains of Robert Wilson, defendant in this suit, in an action of assumpsit.” It then stated that Wilson, on a day and at a place certain, made a note to Wm.
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This was a suit determined in the Crawford Circuit Court, in February, A. D. 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. Featherston and Wilson, in the Court below, by declaration, commencing, “William G. Featherston, the plaintiff in this suit, by attorney, complains of Robert Wilson, defendant in this suit, in an action of assumpsit.” It then stated that Wilson, on a day and at a place certain, made a note to Wm. W. Fleming, at eight months, for $200, and that Fleming, on the 30th of October, 1840, assigned it to the plaintiff, “ whereby, and by force of the…
1Opinion of the Court
By the Court,
Dickinson, J.
~ The proceedings in this case are exceedingly irregular, and the plea is every way informal, if not insufficient. The view we shall take of the case, however, supersedes the necessity of determining their validity. The Court certainly erred in excluding the note sued on from being received as evidence, upon the ground of variance from the instrument set out in the declaration.
The declaration correctly describes the note, and sets out the assignment; and the instrument offered upon the trial corresponds precisely, in every particular, with it. It is true, the…
2Cited by4 opinions
- Phelps v. AbbottMichigan Supreme Court · 1897
- Moore v. TerrySupreme Court of Arkansas · 1899
- Abbott v. KennedySupreme Court of Arkansas · 1918
- Nelson v. WellsSupreme Court of Arkansas · 1935