Turner v. Tapscott
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. John Whytock, Circuit Judge. The second plea was simply one of set off and tender, and answered tne whole demand. The judgments were proper set offs, also the other debt mentioned.
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APPEAL from White Circuit Court. Hon. John Whytock, Circuit Judge. The second plea was simply one of set off and tender, and answered tne whole demand. The judgments were proper set offs, also the other debt mentioned. Higgs v. Warner, 14 Ark., 193; Burke’s adm’r, v. Stillwell ex’r, 23 Ark., 294; Belfour v. Haney, 8th Ark., 479. As to second cause of demurrer see Gould’s Digest, ch. 4, section 42. Debts accruing against the administrator after death of intestate need not be probated. Equitable defenses must be pleaded since the adoption of the code. See Title 1. The third paragraph sets up a…
1Opinion of the Court
Walker, J.:
Tapscott, as administrator de bonis non of the estate of Adam McPherson, brought his action of assumpsit against Turner for money collected by him, on debts due the estate of McPherson. To this action defendant pleaded non-assumpsit, set' off, payment and tender. Issue was taken upon the plea of non assumpsit, and a demurrer was sustained to the other pleas. The case was submitted to the court, sitting as a jury. The decision or finding was for the plaintiff', and judgment thereon. The defendant moved for a new trial, and assigned, amongst other grounds, that the court erred in…
2Cases cited1 opinion
- Tiner v. ChristianSupreme Court of Arkansas · 1871
3Cited by13 opinions
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- Ellis v. First National BankSupreme Court of Arkansas · 1924
- Driesbach v. BeckhamSupreme Court of Arkansas · 1929
- Pike v. ThomasSupreme Court of Arkansas · 1896
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