Greenfield v. Carlton
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. It is incorrect practice to answer the whole complaint, and also demur to the whole, and then take up the demurrer and argue it before hearing. It simply reserves objection to the jurisdiction, and sufficiency of cause of action to be determined at the hearing.
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APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. It is incorrect practice to answer the whole complaint, and also demur to the whole, and then take up the demurrer and argue it before hearing. It simply reserves objection to the jurisdiction, and sufficiency of cause of action to be determined at the hearing. Sections .4588 and 4590 of Gantt’s Digest should be construed with sec. 4568. See Davis v. Hines, 6 Ohio St., 473; Slocum v. Wheeler, 4 How. Pr., 373; Spellman v. Wietler, 5 ib., 5 ; Howard v. Mich. & S. R. R. Co., ib., 206; Burr v. Wright, 9 How.…
1Opinion of the Court
L. A. Pindall, Sp. J.:
On the 25th of February, 1874, the appellants, James W. ■Greenfield and Matilda Greenfield, his wife, of the one part, and the appellee, Charles H. Carlton, of the other part, entered into articles of agreement for the sale and purchase of a block of ground in Pine Bluff, owned by the appellant Greenfield, and occupied by appellants as a residence.
By the terms of this agreement, the appellants agreed and contracted to sell and convey the said block and the buildings and improvements thereon to the appellee, for the price and sum of $8,000, to be paid as follows: One…
2Cited by10 opinions
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- Christiansen v. AldrichMontana Supreme Court · 1904
- Carroll v. SchneiderSupreme Court of Arkansas · 1947
- Raymond v. San Gabriel, Val. Land & Water Co.Court of Appeals for the Eighth Circuit · 1893
- McCargo v. SteeleDistrict Court, W.D. Arkansas · 1958
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