Legal Opinion

Williams v. Brummel

Supreme Court of Arkansas

Decided January 15, 1842PublishedCited by 6 opinions

This was an action of assumpsit, instituted by Josiah Brummel, against Daniel E. Williams, and tried in the Hempstead Circuit Court, in October, A. D. 1811, before the Hon. William Conway B., one of the Circuit Judges. The declaration contained several counts; but the liability was claimed to exist on account of the payment, by Brummel, of certain notes executed by one Parskill Motley and Williams, to Wm.

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This was an action of assumpsit, instituted by Josiah Brummel, against Daniel E. Williams, and tried in the Hempstead Circuit Court, in October, A. D. 1811, before the Hon. William Conway B., one of the Circuit Judges. The declaration contained several counts; but the liability was claimed to exist on account of the payment, by Brummel, of certain notes executed by one Parskill Motley and Williams, to Wm. Buckner, jr., on which Brummel was security, and which he had been compelled to pay, and' of the payment, by him, of certain judgments on which he became liable in the same way. The…

1Opinion of the Court

By the Court,

Dickinson, 3.

The first question which arises is, whether the reading to a party the notice to take depositions, is a sufficient service under our statute regulating the practice in such cases. The act declares, that the party intending to take depositions shall cause notice, in writing, of the lime and place of taking, to be served upon the adverse party, if he resides in the county in which the suit is pending; and, if not, then on his attorney of record in the cause. ■ Rev. St. sec. 6, 325. It is contended that this section is regulated and restrained by the 21st and 22(1…

2Cases cited1 opinion

  1. Hart v. GrayU.S. Circuit Court for the District of Rhode Island · 1838

3Cited by6 opinions

  1. Incorporated Town of Casey v. HogueSupreme Court of Iowa · 1927
  2. Tooele Meat & Storage Co. v. MorseUtah Supreme Court · 1913
  3. Langan v. SchliefMissouri Court of Appeals · 1893
  4. Producers' Oil Co. v. DanielsTexas Commission of Appeals · 1924
  5. American Radiator Company v. HampsonSupreme Court of Rhode Island · 1918

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