Alston v. State Bank
Supreme Court of Arkansas
Appeal from the Washington Circuit Court. On the first day of October, 1846, the Bank of the State of Arkansas, brought an action of debt, in the Washington circuit court, against Elijah B. Alston, John J. Horton, and James Alston, on a promisory note executed by them to the bank, on the 12th day of November, 1842,negotiable and payable six months after date, at the branch of said bank, at Fayetteville.
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Appeal from the Washington Circuit Court. On the first day of October, 1846, the Bank of the State of Arkansas, brought an action of debt, in the Washington circuit court, against Elijah B. Alston, John J. Horton, and James Alston, on a promisory note executed by them to the bank, on the 12th day of November, 1842,negotiable and payable six months after date, at the branch of said bank, at Fayetteville. A writ was issued to the sheriif of Johnson county, against all of the defendants, returnable to the November term, 1846, and was returned served upon Elijah B. Alston, and “not found,” as to…
1Opinion of the CourtScott, J.
The main question we are to examine in this case relates to the sufficiency of the evidence adduced to show such part payment within the period of limitation of the debt sued as to take the case without the operation of the statute.
It has been often much regretted, by learned jurists, especially within the last twenty years, that the plain letter of the statute of limitations was ever departed from. For sometime after the passage of the statute of 21st James, the courts seem to have had an improper conception of its true character, and, during this period, the tendency of judicial decisions…
2Cases cited5 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Trustees R. E. Bank v. HartfieldSupreme Court of Arkansas · 1844
- Cremer's EstateSupreme Court of Pennsylvania · 1843
- Watson v. DaleSupreme Court of Alabama · 1834
- Caldwell v. GambleSupreme Court of Pennsylvania · 1835