Plunkett v. State National Bank
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; 1. Where the answer in a case at law sets up an equitable defense and asks relief, the case should- be transferred. 85 Ark. 208 ; 36 Ark. 228; 44 Ark. 458; 52 Ark. 411; 49 Ark. 20; 51 Ark. 198; Id. 235; 56 Ark. 392; 71 Ark. 222; 7.1 Ark. 484. 2. When an answer has been filed to which the plaintiff interposes a demurrer, a judgment rendered before the demurrer is disposed of or withdrawn is premature unless the…
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Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; 1. Where the answer in a case at law sets up an equitable defense and asks relief, the case should- be transferred. 85 Ark. 208 ; 36 Ark. 228; 44 Ark. 458; 52 Ark. 411; 49 Ark. 20; 51 Ark. 198; Id. 235; 56 Ark. 392; 71 Ark. 222; 7.1 Ark. 484. 2. When an answer has been filed to which the plaintiff interposes a demurrer, a judgment rendered before the demurrer is disposed of or withdrawn is premature unless the answer sets up no defense. 1. The answer sets up no valid defense, and the judgment should be affirmed. 30 Ark. 686; 65…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff (appellee) instituted this action against defendants, Plunkett and' others, to recover the amount of two negotiable promissory notes, each for $830, executed by the latter to the plaintiff. The defendants filed their answer, stating in substance that the consideration for said notes passed to the Peoples’ Pire Insurance Company; that they executed the notes for the accommodation of said company, and not for their own benefit, and that these facts were known to the plaintiff; that the notes were executed as renewals of certain notes which were signed by said insurance company,…
2Cases cited3 opinions
- Neely v. BlackSupreme Court of Arkansas · 1906
- West v. Carolina Life Ins.Supreme Court of Arkansas · 1876
- Barnes v. BradleySupreme Court of Arkansas · 1892
3Cited by6 opinions
- Harbottle v. Central Coal & Coke Co.Supreme Court of Arkansas · 1918
- Haley v. BrewerSupreme Court of Arkansas · 1952
- Citizens Bank v. BarrSupreme Court of Arkansas · 1916
- Leonard v. TaylorSupreme Court of Arkansas · 1931
- Buschow Lumber Co. v. EllisSupreme Court of Arkansas · 1937
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