White v. Cannada
Supreme Court of Arkansas
Error to Jefferson Circuit Court. lion. Wm. M. Harrison, Circuit Judge. The judgment is erroneous, because there is no averment in the declaration of demand and notice.
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Error to Jefferson Circuit Court. lion. Wm. M. Harrison, Circuit Judge. The judgment is erroneous, because there is no averment in the declaration of demand and notice. Sevier v. Holliday, 2 Ark., 512; Ruddel §• McGuire v. Wcdker, 7 Ark., 46%; Anderson v. Yell, 15 Ark., 14; Gould’s Dig., pp. 158,159. Even if the defendant’s default admitted all the facts alleged in the declaration, yet as that failed to aver any demand, or notice, it shows no cause of action whatever against defendant, nor any legal right in the plaintiff to recover. Johnson v. Pierce, 12 Ark., 599; Hunt v. Eurton, 18 Ark.,…
1Opinion of the CourtCompton, J.
This was an action of debt by the assignee against the assignor of a writing obligatory. The defendant craved oyer, and demurred to the declaration, for variance between the writing declared on and that which was 'read on error. The demurrer was sustained; the plaintiff amended his declaration, and the defendant saying nothing further, final judgment was rendered in favor of the plaintiff for four hundred dollars debt, and the further sum of one hundred and ninety-five dollars damages, with cost of suit; to reverse which the defendant brought error.
The declaration, as amended — omitting the…
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