Mason v. Howell
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Yell county. The Hoq. Wm. H. Feild, Circuit Judge, presiding, cited sec. 24, ch. 99 Dig., as to the sufficiency of the replications.
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Writ of Error to the Circuit Court of Yell county. The Hoq. Wm. H. Feild, Circuit Judge, presiding, cited sec. 24, ch. 99 Dig., as to the sufficiency of the replications. The first replication to the plea of the statute of limitations is bad: because if the judgment therein stated was valid, it defeated the suit; and the plaintiff could not have a second judgment on the note; if void, the plaintiff had not instituted any suit, and brought himself within the saving clauses of the statute. The second replication was equally untenable, because Howell’s partner could not bind him by a part…
1Opinion of the CourtJustice Scott
This was an action of debt on a promissory note, due on the 30th of September, 1839. The defendant interposed several pleas, upon which issues were joined, and also that the plaintiff’s cause of action had not accrued within three years next before the commencement of the suit. To this plea the plaintiff replied first, to the effect that his intestate had instituted suit on the note in question, in the Johnson Circuit Court, on the 14th of February, 1840, against the defendant and his co-promissor, John Howell, pending which suit plaintiff departed this life, and at the December term of said…
2Cited by4 opinions
- Morton v. TullgrenSupreme Court of Arkansas · 1978
- Slagle v. BoxSupreme Court of Arkansas · 1916
- Hicks v. Lusk & Co.Supreme Court of Arkansas · 1858
- Sullivan v. HadleySupreme Court of Arkansas · 1855