Reardon v. Farrington
Supreme Court of Arkansas
Writ of Error to the ..Circuit Court of Pulaski County. In addition to the statement of this case made by the court, it is only necessary to copy the second count of the declaration. The defendant below moved in arrest of judgment on the ground of a misjoinder of counts, contending ,that the second count was in case, while the other two were in assumpsit.
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Writ of Error to the ..Circuit Court of Pulaski County. In addition to the statement of this case made by the court, it is only necessary to copy the second count of the declaration. The defendant below moved in arrest of judgment on the ground of a misjoinder of counts, contending ,that the second count was in case, while the other two were in assumpsit. It follows,: “And for that whereas .piso heretofore, to wit, on the first day of January, in the year 1842, at &c., in consideration, that the said plaintiff, at the special instance and request of the said defendant, had caused to be…
1Opinion of the CourtOldham, J.
This was an action of assumpsit brought in the circuit court of Pulaski county by Farrington against Reardon. The declaration contained three counts; 1st, for money had and received; 2d, a special count, and 3d, an account stated. ' The general issue was pleaded and the parties went to trial, and the jury returned a verdict in favor of Farrington for three hundred dollars. During the trial Reardon objected to the reading of the deposition of a witness offered on the part of the plaintiff, and the objection being overruled was saved by exception. He moved for a new trial and in arrest of…
2Cited by2 opinions
- Brown v. BrownSupreme Court of Arkansas · 1855
- Drennen v. BrownSupreme Court of Arkansas · 1849