Montgomery v. Carpenter
Supreme Court of Arkansas
This was an action of debt, by petition, determined in the Jackson Circuit Court, in May, 1843, before the Hon. Thomas Johnson, one of the circuit judges. A bond of C. H. Moore, for costs, is copied in the transcript, marked filed before the suit commenced, in the penalty of $100. The defendants moved to dismiss, for want of sufficient bond. Motion sustained, and exceptions.
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This was an action of debt, by petition, determined in the Jackson Circuit Court, in May, 1843, before the Hon. Thomas Johnson, one of the circuit judges. A bond of C. H. Moore, for costs, is copied in the transcript, marked filed before the suit commenced, in the penalty of $100. The defendants moved to dismiss, for want of sufficient bond. Motion sustained, and exceptions. The exceptions do not set out the bond, or show that there was any proof as to the plaintiff’s non-residence; but the record states that “ it appeared to the Court” that he was a non-resident when the suit commenced. Suit…
1Opinion of the Court
By the Court,
Lacy, J.
The court below dismissed the suit for want of a sufficient bond for costs. In excepting to the opinion, the plaintiff has not set out the bond. There is copied in the transcript a good bond, and that is marked filed before the commencement of the action. Are we bound judicially to take notice of this bond as forming part of the record ? The declaration and writ are certainly matters of record, and so it has been expressly ruled by this Court in the case of Pike vs. Lenox, 2 Ark. Rep. 14, and Renner vs. Reed, 3 Ark. Rep. 413. Whatever proceedings or facts the law or…
2Cases cited1 opinion
- Lenox v. PikeSupreme Court of Arkansas · 1839
3Cited by2 opinions
- Town v. WilsonSupreme Court of Arkansas · 1848
- Alexander v. StateCourt of Appeals of Arkansas · 1988