Cary v. Ducker
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. This was an action on a bond given for the payment of ■costs under section 1036, Mansfield’s Digest, which provides that “a plaintiff who is a non-resident * * * before commencing an action shall file in the Clerk’s office a bond, with sufficient surety, to be approved by the Clerk, for the payment •of all costs which may accrue in the action in the court in which it is brought, or in any other to…
Read the full summary
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. This was an action on a bond given for the payment of ■costs under section 1036, Mansfield’s Digest, which provides that “a plaintiff who is a non-resident * * * before commencing an action shall file in the Clerk’s office a bond, with sufficient surety, to be approved by the Clerk, for the payment •of all costs which may accrue in the action in the court in which it is brought, or in any other to which it may be carried, •either to the defendant or to the officers of the court.” The bond is in the following form : “We…
1Opinion of the CourtSandels, J.
Costs: Power tax, etc. The fourth ground of appellant’s motion for new trial challenged the correctness of the decision of the court in sustaining plaintiff’s demurrer to the second, third, and fourth paragraphs of his answer. Both the second and third paragraphs presented good defenses. The demurrer was. properly sustained to the fourth paragraph.
The fifth assignment of error is the admission of the testimony of J. O. Ducker as to the rendition of judgment in the Washington Circuit Court, the appeal by appellees to the Supreme Court, the reversal of said case in the Supreme Court,, the…
2Cases cited1 opinion
- Town of Norwich v. HydeSupreme Court of Connecticut · 1829
3Cited by2 opinions
- American Soda Fountain Co. v. BattleSupreme Court of Arkansas · 1908
- Jones v. AdkinsSupreme Court of Arkansas · 1926