Pullen v. Chase
Supreme Court of Arkansas
Decided on demurrer, in the Circuit Court of Arkansas county, in October, A. D.' 1841, before the Hon. Isaac Baker, one of the Circuit Judges. Debt, on a note payable on demand, by Chase, against Pullen. Declaration entitled, “Arkansas, set. _ In the Arkansas Circuit Court, to the October term thereof, A. D. 1841.” The declaration stated no venue, but was otherwise every way formal.
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Decided on demurrer, in the Circuit Court of Arkansas county, in October, A. D.' 1841, before the Hon. Isaac Baker, one of the Circuit Judges. Debt, on a note payable on demand, by Chase, against Pullen. Declaration entitled, “Arkansas, set. _ In the Arkansas Circuit Court, to the October term thereof, A. D. 1841.” The declaration stated no venue, but was otherwise every way formal. Defendant craved oyer, and, without setting out the note, demurred, on three grounds: First, want of venue; second, failure to describe the instrument; third, for want of an allegation that payment was ever…
1Opinion of the Court
The following opinion was delivered by
Ringo, C. J.
If the omission of a venue be a defect in'substance, at common law, or by the statutes of England adopted in this State, it is not cured by our statute of jeofails, which only extends to judgments by confession, or upon verdict, but not to judgments upon demurrer, where the cause of' demurrer is specially stated, as required by the statute. The question, therefore, whether it is such a defect in the pleading as may be taken advantage of by general demurrer, must be determined by the application to it of such rules and principles of the common…
2Cases cited2 opinions
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3Cited by9 opinions
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- Inter-Ocean Casualty Co. v. CopelandSupreme Court of Arkansas · 1931
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- Walker v. WillsSupreme Court of Arkansas · 1843
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