Tucker v. Real Estate Bank
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in 1841, before the Hon. John J. Clenbenin, one of the Circuit Judges. Summons issued, directed to the sheriff of Jefferson county; after naming which county, the county of Pulaski was named, and the sheriff commanded to summon the defendants to appear “ at the Courthouse in the county aforesaid.”
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This was an action of debt, determined in the Pulaski Circuit Court, in 1841, before the Hon. John J. Clenbenin, one of the Circuit Judges. Summons issued, directed to the sheriff of Jefferson county; after naming which county, the county of Pulaski was named, and the sheriff commanded to summon the defendants to appear “ at the Courthouse in the county aforesaid.” The declaration demanded, as debt, the amount of the note sued on, but alleged, that, by law, it bore interest after maturing, at the rate of ten per cent, per annum. The writ said nothing about the interest. The writ was executed…
1Opinion of the Court
By the Court,
Kingo, C. J.
The record and assignment of errors present two questions, upon which the plaintiffs in error mainly rely to reverse the judgment against them, to wit: 1st, Did the original summons, issued to a county other than that in which the Court was held, and there executed upon all the parties sued, impose upon them a legal obligation to respond to the action, or subject them to the consequences of a judgment by default, upon their failure to do so? 2d, Does the contract, as set forth in the pleadings, warrant the judgment for interest, at the rate of ten per cent, per annum,…
2Cases cited2 opinions
- State v. AshleySupreme Court of Arkansas · 1839
- Auditor v. DaviesSupreme Court of Arkansas · 1840
3Cited by2 opinions
- Chapman v. ReddickSupreme Court of Florida · 1899
- Hay v. Bank of the StateSupreme Court of Arkansas · 1843