Lane v. Levillian
Supreme Court of Arkansas
This was an action of assumpsit, determined in the Union Circuit Court, in November, A. D. 1835, before the Hon. Edward Cross, one of the Territorial Judges. William and Ebenezer Lane sued Thomas Franklin, in assumpsit. The declaration contained three counts.
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This was an action of assumpsit, determined in the Union Circuit Court, in November, A. D. 1835, before the Hon. Edward Cross, one of the Territorial Judges. William and Ebenezer Lane sued Thomas Franklin, in assumpsit. The declaration contained three counts. The first stated that one Thomas B. Franklin had, on the 27th of January, 1829, made a note, at New-Orleans, to the plaintiffs, due the 1st of May, 1829, for $809 61, with interest at ten percent, after due; that Thomas B. Franklin was dead; that the note never had been paid, in whole or part, and the whole sum and interest still…
1Opinion of the Court
By the Court,
Lacy, J.
There can, we think, be no question but that the demurrer in this case was improperly sustained. It was a general demurrer to the whole declaration, which contained three counts: two of them are unquestionably good, and the demurrer as to them should have been overruled. The action was commenced and determined under our Territorial statutes; and, of, course, the common law rule upon the subject stood then in full force. And the doctrine upon the point is well settled, that where there are good and bad counts in the same declaration, and there is a general demurrer filed,…
2Cases cited6 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Cumpston v. McNairNew York Supreme Court · 1828
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3Cited by6 opinions
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- First National Bank v. NakdimenSupreme Court of Arkansas · 1914
- Webb v. LitzAlabama Court of Appeals · 1958
- Braddock v. WertheimerSupreme Court of Arkansas · 1900
- Johnston v. Ms. Pac. R.R. Co., Thompson, TrusteeSupreme Court of Arkansas · 1942
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