Weaver v. Arkansas National Bank
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Iceland Leatherman, Chancellor. It was error to transfer to equity; also to refuse to remand to the law court for a trial by jury. Const. 1874, art. 7. § 15; Const. 1836, art. 6, § 6; Acts 1893, p. 12; Sand. & H. Dig. § 5622; 6 Ark. 79; lb., 317; Story, Eq.
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Appeal from Garland Chancery Court. Iceland Leatherman, Chancellor. It was error to transfer to equity; also to refuse to remand to the law court for a trial by jury. Const. 1874, art. 7. § 15; Const. 1836, art. 6, § 6; Acts 1893, p. 12; Sand. & H. Dig. § 5622; 6 Ark. 79; lb., 317; Story, Eq. Jur. pp. 80, 96; Sand. & H. Dig., § § 5608-9; Id. § § 5618-19; 44 Ark. 478; 59 Id. 409; 46 Id. 273; 49 Id. 80; 54 Id. 32; 26 Id. 59; 51 Id. 235; 52 Id. 415; 47 Id. 2og¡ Const. 1874, art. 2, § 7; 56 Ark. 391; 48 Id. 426; 40 Id. 290; 57 Id. 589; 32 Id. 553;’3 Pet. (U. S'.), 4331 446-7; 11 N. H. 9; 15 Mich.…
1Opinion of the CourtHill, C. J.
The bank sued Weaver in Garland Circuit Court upon a promissory note signed-by him and Klein. Weaver answered, admitting the execution of the note, and alleging that it was without consideration, and executed for the accommodation of the bank. Subsequently an amendment to the answer was filed, the substance of which was: That the note in suit was a renewal of previous notes, giving the history of the various notes back to the original, and alleging that all were without consideration, and each was signed for the accommodation of the bank. Then the answer proceeds to set forth other matters,…
2Cited by5 opinions
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- Equitable Manufacturing Co. v. ThomassonSupreme Court of Arkansas · 1906
- Heathcock v. BrookeSupreme Court of Arkansas · 1925