Cole v. Wagnon
Supreme Court of Arkansas
Error to Washington Circuit Court; • This was an action of-.trespass instituted .in -the Circuit Court o£ Washington county, by Thomas Wagnon against the plaintiffs, in error.
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Error to Washington Circuit Court; • This was an action of-.trespass instituted .in -the Circuit Court o£ Washington county, by Thomas Wagnon against the plaintiffs, in error. At the term to which the case Was returnable, the-defendants, upon hffidaviis filed, obtained a continuance of. the cause generally without pleading;and with leave to plead at the nest term; when, as the record states, they pleaded the general issue jointly; and severally pleaded special pleas in justification; but no special pleas are contained in the transcript of the record. The record furfh- ' er states that the…
1Opinion of the CourtRingo, Chief Justice
The plaintiffs in error allege that there is error in the judgment, sustaining the plaintiff’s • motion to disregard their pleas and treat them as a nullity, and also in giving judgment for the plaintiff by default after their plea of not guilty had been filed, and they had severally interposed ;a special plea in justification, as well as -in swearing ' the jury to inquire of damages, when they should have been sworn to try the issue. These questions will be considered and disposed of in the order in which they are .above stated. The motion to disregard the plea may have been and probably was…
2Cited by2 opinions
- Yell ex rel. Conant & Co. v. OutlawSupreme Court of Arkansas · 1854
- Caine v. LunonSupreme Court of Arkansas · 1946