Huyck v. Meador
Supreme Court of Arkansas
Appeal from PulasJd Cireuit Gou/ri. Hon. Liberty Bartlett, Circuit Judge. Defendant’s special plea was a plea in abatement, (1 Oh. 440, 461, note; Staph.
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Appeal from PulasJd Cireuit Gou/ri. Hon. Liberty Bartlett, Circuit Judge. Defendant’s special plea was a plea in abatement, (1 Oh. 440, 461, note; Staph. PL, 49,) and should have been stricken out because not sworn to. 5 Ark., 140, 522; 14 ib. 27. The plea is fatally defective, because it sets up a partnership between plaintiff, defendant and others, but does not state that the note sued on, or the consideration thereof, or the matter set up in the common counts,,in any way grew out of, or was then connected with their partnership matters. 6 Ark., 191; 16 Wendell, 601; Story on Pari., 351,…
1Opinion of the Court
Hon. JonN J. ClekdbNIN, Special Judge.
The appellant in this court, who was the plaintiff in the court below, commenced his action of assumpsit in the circuit court of Pulaski county. The declaration contained two counts ; the first count based on the following instrument in writing :
“ Hue I. Huyek or order, the sum of three' thousand nine hundred and twenty eight dollars, ($3,928,) for value received of him, and on settlement up to date.”
C. Y. MEADOR.
Little Rock, Ark., Feb. 16, 1865.
[Stamp.]
And the second count being a general assumpsit account for money had and received, money paid, etc. The…
2Cases cited6 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Clark v. DibbleNew York Supreme Court · 1837
- Van Ness v. ForrestSupreme Court of the United States · 1814
- Sackett v. SpencerNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Robertson v. WhiteDistrict Court, W.D. Arkansas · 1986
- Road Improvement District No. 4 v. Southern Trust Co.Supreme Court of Arkansas · 1922
- Carpenter v. SchneiderCourt of Appeals of Arkansas · 1987