Orene Parker Co. v. Emerson
Supreme Court of Arkansas
Appeal from Marion Circuit Court ¡Brice B. Hudgins, Judge; Under the law of 1838, § § 87 and 88, Dig. 1838, none but the claimant could make the affidavit required to establish such claim. 14 Ark. 237; 24 Ark. 410; 21 Ark. 519. The act of March 5, 1867, sec. 2 acts 1867, p. 210, liberalized the law and facilitated the handling of such business, and applied to all claimants, including corporations; but the restriction requiring the affidavit to be made by the claimant or some…
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Appeal from Marion Circuit Court ¡Brice B. Hudgins, Judge; Under the law of 1838, § § 87 and 88, Dig. 1838, none but the claimant could make the affidavit required to establish such claim. 14 Ark. 237; 24 Ark. 410; 21 Ark. 519. The act of March 5, 1867, sec. 2 acts 1867, p. 210, liberalized the law and facilitated the handling of such business, and applied to all claimants, including corporations; but the restriction requiring the affidavit to be made by the claimant or some one “acquainted with the facts sworn to” often made it inconvenient to present claims for allowance. Hence the further…
1Opinion of the CourtBattre, J.
This case originated in the probate court of Marion County. It is founded on the note and affidavit as follows, to-wit:
“$9.60. “January 5, 1905.
“Ninety (90) days after date I promise to pay to the order of the Orene Parker Company nine and 60/00 ($9.60) dollars. For value received, negotiable and payable without defalcation or discount and with interest from maturity at the rate of 10 per cent, per annum, and, if interest be riot paid annually, to become as principal, and bear the same rate of interest.
“No........... Due.......... K. J. Hudson.
“State of Arkansas,
“County of Marion,
\ j
ss
“John…
2Cases cited4 opinions
- Ahern v. Board of Improvement District No. 3Supreme Court of Arkansas · 1901
- Beirne & Burnside v. ImbodenSupreme Court of Arkansas · 1853
- Saunders v. RuddSupreme Court of Arkansas · 1860
- Marshall v. Green Exr.Supreme Court of Arkansas · 1866