Anderson v. Wainwright
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court in Chancery. STATEMENT BY THE COURT. On December 12, 1896, plaintiff filed her complaint in the Hempstead circuit court on the chancery side thereof, alleging: That on the 23d day of September, 1892, one Wm.
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Appeal from Hempstead Circuit Court in Chancery. STATEMENT BY THE COURT. On December 12, 1896, plaintiff filed her complaint in the Hempstead circuit court on the chancery side thereof, alleging: That on the 23d day of September, 1892, one Wm. R. Crossett, a defendant herein, was indebted to her in the sum of two thousand dollars, evidenced by a promissory note bearing ten per cent, interest per annum, and that on said day she entered suit in the Hempstead circuit court against said Crossett to recover said amount, and that under a writ of attachment issued in said suit she levied upon…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The contract was in writing, and could not be changed or added to by parol evidence. The demurrer to the answer was properly sustained.
If it is shown that there was a valid consideration for the plaintiff’s agreement not to enforce her lien, she could only be held bound to refrain from doing so for a reasonble length of time. She did refrain from suit to enforce her lien for four years. We think that this was as much as could be required of her. A party cannot be held to have precluded himself from the exercise of the right to resort to the courts to…
2Cases cited1 opinion
- Hershy v. ClarkSupreme Court of Arkansas · 1879
3Cited by6 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Holt v. St. Louis Union Trust Co.Court of Appeals for the Fourth Circuit · 1931
- Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
- Lemm v. SparksSupreme Court of Arkansas · 1959
- Griggs v. School District No. 70Supreme Court of Arkansas · 1908
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