Hall v. Bonville
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. V. D. Jacoway, Circuit Judge. Statute runs from day of last payment. 19 Ark., 692; 9 Ark, 459 ; Gantt’s Digest, sec. 5648. Does not include the day. Danis. PI. ft Pr., p. 358; Birnie v. Main, 32 Ark, —; 7 Allen, 487; 2 Par. on Con., p. 504, note a; 662, 664, and notes; 10 Ark, 497; 9 Am. Bepts., 70; 13 ib., 731; 21 ib., 637. Circuit court had no jurisdiction. Art. VII, see. 40, ' Const. And this court acquires none on appeal.
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APPEAL from Yell Circuit Court. Hon. V. D. Jacoway, Circuit Judge. Statute runs from day of last payment. 19 Ark., 692; 9 Ark, 459 ; Gantt’s Digest, sec. 5648. Does not include the day. Danis. PI. ft Pr., p. 358; Birnie v. Main, 32 Ark, —; 7 Allen, 487; 2 Par. on Con., p. 504, note a; 662, 664, and notes; 10 Ark, 497; 9 Am. Bepts., 70; 13 ib., 731; 21 ib., 637. Circuit court had no jurisdiction. Art. VII, see. 40, ' Const. And this court acquires none on appeal. Appellant could have brought suit on day of last payment. The statute then commenced running. 83 III., 256 • 3 Otto., 76; 19 Am.…
1Opinion of the CourtEnglish, C. J.
This suit was commenced oh the tenth of July, 1877, in the circuit court of Yell county, for the Danville district, by Louis 0. Hall, as administrator de bonis non of the estate of Jasper Holland, deceased, against Mark A. J. Bonville and Haynes A. Howell.
The action was founded on a writing obligatory, executed by defendants (and Thomas J. Tucker, not sued), on the sixth of October, 1860, by which they jointly and severally promised to pay, twelve months after date, Andrew N. Falls, as administrator of the estate of Jasper N. Holland, deceased, three hundred dollars.
The complaint described…
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