Frazier v. Bank of the State
Supreme Court of Arkansas
Tirrs was an action of debí, determined in the Pulaski Circuit Court, in September, 1S41, before the Hon. John J. Ctjsndenin, one of the circuit judges. The Bank sued Frazier, Elliott, and Fletcher, and obtained service of process on all. She then discontinued, as to Fletcher, and took judgment against the others by default, who brought error. argued points in the case which are decided and reported in other cases of the present term.
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Tirrs was an action of debí, determined in the Pulaski Circuit Court, in September, 1S41, before the Hon. John J. Ctjsndenin, one of the circuit judges. The Bank sued Frazier, Elliott, and Fletcher, and obtained service of process on all. She then discontinued, as to Fletcher, and took judgment against the others by default, who brought error. argued points in the case which are decided and reported in other cases of the present term. In actions which, in their nature, are joint and several, whether ex delicto or ex contractu, the plaintiff may, after verdict, enter a nolle prosequi as to…
1Opinion of the Court
By the Court,
Dickinson, J.
From the innovation made by our statute upon the common law, in relation to the institution and prosecution of actions upon a joint or several note or obligation, we have had some difficulty in ascertaining the rules by which plaintiffs must be governed in like cases, and the effect of a discontinuance as to one or more of the defendants, after suit brought. By the Rev. St., sec. 64, p. 628, “ every person, who may have cause of action against several persons, and entitled, by law, to but one satisfaction therefor, may bring suit jointly against all, or as many of…
2Cases cited4 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
- Hall v. RochesterNew York Supreme Court · 1824
- Bank of Genessee v. FieldNew York Supreme Court · 1839
3Cited by4 opinions
- Warren v. StateSupreme Court of Arkansas · 1857
- Worthington v. Curd & Co.Supreme Court of Arkansas · 1860
- Ferguson v. State BankSupreme Court of Arkansas · 1851
- Taylor v. Ricards & HoffmanSupreme Court of Arkansas · 1849