Taylor v. Ricards & Hoffman
Supreme Court of Arkansas
Writ of Error to the Saline Circuit Court. This, case was determined in the Saline Circuit Court, at the March term, 1847', before Sutton, judge.
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Writ of Error to the Saline Circuit Court. This, case was determined in the Saline Circuit Court, at the March term, 1847', before Sutton, judge. John R. Ricards and Jeremiah S. Hoffman, late partners under the firm name of Ricards & Hoffman, of Baltimore, filed a declaration in debt against Steptoe B. Taylor, containing three counts.: the first, on a writing obligatory for $1,000: the second, on a like instrument for $125 45: and the third, on an account for merchandise for $1,082 77. They also filed the affidavit of one JBenjamin Orrick, that defendant Taylor was indebted to them in the sum…
1Opinion of the CourtWalicer, J.
The defendant in the court below filed two pleas in abatement'to the writ: 1st. That he was not about to remove •out of the State, as alleged in the affidavit of the plaintiffs: and 2d. That the agent of plaintiffs, who signed the attachment bond for them, had no legal authority to do so. The plaintiffs demurred to the first plea, and the demurrer was sustained. The sufficiency of this plea will first be considered.
The statute requires of the plaintiff to file a declaration, an affidavit, and a bond with the clerk. The facts to be sworn to, the manner of taking the affidavit, the bond, its…
2Cases cited3 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Ex parte HolbrookNew York Supreme Court · 1825
- Frazier v. Bank of the StateSupreme Court of Arkansas · 1842