State Bank v. Watkins
Supreme Court of Arkansas
Writ of error to the circuit court of Pulaski county. Action of debt, by the Bank of the State of Arkansas against George C. Watkins, determined in the circuit court of Pulaski county, at the November term, 1843, before the Hon. J. C. P. Tol-lison, special judge.
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Writ of error to the circuit court of Pulaski county. Action of debt, by the Bank of the State of Arkansas against George C. Watkins, determined in the circuit court of Pulaski county, at the November term, 1843, before the Hon. J. C. P. Tol-lison, special judge. The action was founded on a bond, which, as filed on oyer, was as follows: “ Little Rock, 10th November, 1840. $2,000. Six months after date, we, John W. Johnston, as principal, and James Pitcher and George C. Watkins, as securities, jointly and severally promise to pay to the Bank of the State of Arkansas, or order, two thousand…
1Opinion of the CourtOldham, J.
By the Revised Statutes, chap. 137, sec’s 1,2, it is enacted, that any person bound as security for another in any bond, bill or note for the payment of money or the delivery of property, may at any time after action hath accrued thereon,-by notice in writing, require-the person having such right of .action, forthwith to commence suit against the principal debtor and other party liable, and that, if suit be not commenced within thirty days after the service of such notice, and proceeded in with due diligence in the ordinary course of law to judgment and execution, such person shajl be…
2Cases cited1 opinion
- Kelly v. MatthewsSupreme Court of Arkansas · 1843