Cunningham v. Cheatham
Supreme Court of Arkansas
Writ of Error to the Hempstead Circuit Court. Debt, determined in the Hempstead Circuit Court, at the May-term, 1846, before the Hon. George Conway, Judge.
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Writ of Error to the Hempstead Circuit Court. Debt, determined in the Hempstead Circuit Court, at the May-term, 1846, before the Hon. George Conway, Judge. Declaration: “William Cunningham complains of Henry Cheatham of a plea,” &c. — (usual commencement in debt.) For that said defendant (and Robert Carrington, since deceased,) on the first day of March, 1842, at, &c., executed and delivered to the plaintiff their certain writing obligatory, in the words and figures following, to wit: Know all men by these presents, that we, Robert Carrington, as principal, and Henry Cheatham, as security,…
1Opinion of the CourtOldham, J.
This was an action of debt by Cunningham against Cheatham upon a delivery bond. The declaration sets out the bond and the condition. The breach specially negatives the delivery of the property, according to the condition of the bond, and avers that the sheriff returned the bond as 'forfeited. The defendant demurred, and assigned as causes for demurrer, that there was no averment in the breach, that the execution had been returned unsatisfied, and that the original debt had not been paid. The court sustained the demurrer. The plaintiff has brought the case into this court by wilt of error, and…
2Cited by4 opinions
- Becker v. RothCourt of Appeals of Kentucky · 1909
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
- McCastlain v. BerrySupreme Court of Arkansas · 1966
- Thomason v. PhillipsSupreme Court of Arkansas · 1936