Heathcock v. Brooke

Hart, J.,

(after stating the facts). .At the outset it may be stated that the court did not err in refusing to transfer the case to equity. In Weaver v. Arkansas National Bank, 73 Ark. 462, it was held that an answer to a suit on a note setting up the defenses of a want of consideration and a release presents purely legal defenses which are triable in law, and not in equity.

It is next insisted that the court erred in overruling the defendant’s motion for a continuance. The motion set up that if Perry Jones was present he would testify that about the latter part of October, 1919, he saw a…