Troxler v. Wilson
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; It was error to sustain the demurrer to Dickinson’s answer and to Troxler’s plea of res adjudicata. 34 N. W. 291; 18 Pick 95; 4 Hun. 166; 39 S. E. 930; 18 S. W. 940; Pomeroy on Code Remedies, 347; 12 Ark. 167; 55 Id. 18; 23 Cyc. 1155; 2 Black on Judgments, 725, 715, 614; 23 Cyc. 1216. 1. The demurrer was properly sustained to Dickson’s answer.
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; It was error to sustain the demurrer to Dickinson’s answer and to Troxler’s plea of res adjudicata. 34 N. W. 291; 18 Pick 95; 4 Hun. 166; 39 S. E. 930; 18 S. W. 940; Pomeroy on Code Remedies, 347; 12 Ark. 167; 55 Id. 18; 23 Cyc. 1155; 2 Black on Judgments, 725, 715, 614; 23 Cyc. 1216. 1. The demurrer was properly sustained to Dickson’s answer. He was but a surety on the note, 7 Ark. 333; 100 Ya. 709; 92 Fed. 838; 1 Wyo. 45; 7 Wis. 523. 2. The plea of res adjudicaba was properly sustained. 14 Ark. 166; 68 Id. 320. See also, 168 U. S. 1;…
1Opinion of the CourtHumphreys, J.
Appellee, W. H. Wilson, instituted suit against appellants, Joe Troxler and E. L. Dixon, in the Randolph circuit court on a promissory note for $200.00 and interest, executed on the 8th day of July, 1916, and due on November 15, 1916.
Appellants pleaded a want of consideration in that appellee induced appellant Troxler to buy a team, wagon and harness upon the guarantee that the horses were sound, and that the gray horse purchased was not even eleven years old; whereas, the bay or black horse had pneumonia at the time, of which it soon died, and the gray horse was twenty-four years of age.
Appel…
2Cases cited4 opinions
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- Stockton Savings & Loan Society v. GiddingsCalifornia Supreme Court · 1892
- Scroggin v. HollandSupreme Court of Missouri · 1852
- Gunnis, Barrett & Co. v. WeigleySupreme Court of Pennsylvania · 1886
3Cited by1 opinion
- American Insurance v. CazortSupreme Court of Arkansas · 1994