Inglish v. Watkins
Supreme Court of Arkansas
This was an action of debt, determined in Pulaski Circuit Court, in June, A. D. 1841, before the Hon. John J. Clendenin, one of the Circuit Judges. Robert A. Watkins, as administrator of Ann L. B. Byrd, sued Inglish, Galloway, and Johnston, on a bond, which is set forth in the declaration as follows: “$>500 dolls.
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This was an action of debt, determined in Pulaski Circuit Court, in June, A. D. 1841, before the Hon. John J. Clendenin, one of the Circuit Judges. Robert A. Watkins, as administrator of Ann L. B. Byrd, sued Inglish, Galloway, and Johnston, on a bond, which is set forth in the declaration as follows: “$>500 dolls. Twelve months after date, we, William K. Inglish, as principal, and David W. Galloway and John W. Johnston, as his securities, promise to pay Ann L. B. Byrd, or order, five hundred dolls, for value received of her, to bear interest at 10 pr. ch, and ipt. to be paid quarterly.…
1Opinion of the Court
By the Court,
Ringo, C. J.
In giving judgment against Galloway, after the suit had been regularly discontinued as to him, without any subsequent appearance to the action, on his part, the Court unquestionably erred; and for this error, the judgment must be reversed.
But, in our opinion, there is no error in the judgment overruling the demurrer (o the declaration. The objection as to repugnancy could not be assigned, under our statute, as a ground of demurrer at common law; besides, the supposed repugnancy does’not, as we think, exist; for, although it is true that the pleader has introduced some…
2Cited by1 opinion
- McFarlane v. YorkSupreme Court of Arkansas · 1909