School District v. Cromer
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Western District. •J. M. Pittman, Judge. I. The issuing of duplicate warrants with the word “duplicate” written across their face, was not such an acknowledgment as will take the case out of the statute. Mansf.
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APPEAL from Carroll Circuit Court, Western District. •J. M. Pittman, Judge. I. The issuing of duplicate warrants with the word “duplicate” written across their face, was not such an acknowledgment as will take the case out of the statute. Mansf. Dig., sec. ‡‡93; 45 Ark., 408; p id., 455; 40 id., 134; 12 ib., gpg; ib., 362; 26 id., 340; 1 Peters, 331; 8 Cranch., 32; 8 Wheat, 3 op; 1 Harding {Kyi), 301; 1 Bibb {Kyi), 443. The making of the order and reissuing the warrants created a new point from which the statute would begin to run. It was an acknowledgment in writing of the debt, p Ark., 433;…
1Opinion of the CourtCockrill, C. J.
This was a suit by the appellee on school warrants, bearing date July 4, 1882 — more than five years before suit was instituted. The statute of limitations was interposed as a defense. The judgment was for the plaintiff, on the following special finding of facts which are embodied in the judgment, viz.: “ The court finds that the original warrants issued herein were issued by the board of directors on the 4th day of July, 1882; that afterwards they were destroyed by fire; that on the 30th day of May, 1884,” (within five years of the institution of suit) “said board of directors being legally…
2Cases cited1 opinion
- Shepherd v. ThompsonSupreme Court of the United States · 1887
3Cited by2 opinions
- School District v. ReeveSupreme Court of Arkansas · 1892
- Blake v. Commercial Factors Corp.Supreme Court of Arkansas · 1950