Pelham v. Page
Supreme Court of Arkansas
Writ of error to the circuit court of Independence county. This case was determined in the Independence circuit court, at the August term, 1843, before the Hon. Thomas Johnson, then one of the circuit judges. The statement madej by this court is sufficient. The court erred in striking out the pleas of payment. They were good in form and substance, and pleaded in apt time according to the rules and practice of that court.
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Writ of error to the circuit court of Independence county. This case was determined in the Independence circuit court, at the August term, 1843, before the Hon. Thomas Johnson, then one of the circuit judges. The statement madej by this court is sufficient. The court erred in striking out the pleas of payment. They were good in form and substance, and pleaded in apt time according to the rules and practice of that court. The court also erred in sustaining the demurrer to the first and second pleas of set-off. The court also erred in overruling the motion for a new trial. The use of spirituous…
1Opinion of the CourtOldham, J.
This was an action of debt brought in the circuit court of Independence county by Page against. Pelham. At the return term, the defendant appeared and filed five several pleas; the first and second are denominated upon the record, pleas of set-off, the third and fourth are pleas of payment, and the fifth is of the same character as the first. The plaintiff filed his motion to strike out the two pleas of payment, which motion was sustained by the court, and the pleas were stricken out; he also demurred to the other three pleas to which there was a joinder: the demurrer was sustained as to the…
2Cases cited3 opinions
- Rose v. SmithNew York Supreme Court · 1825
- Dennison v. CollinsNew York Supreme Court · 1823
- Roberts v. MaddoxSupreme Court of Arkansas · 1843