Moody v. Hawkins
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. Liberty Bartlett, Circuit Judge. This case, so far from being the same as that presented in Roane v. Green $ Wilson, or Hastings v. White, is one in which the appellant bases his right to relief upon an act of the Legislature of Arkansas, which grew out of those very decisions ; which was designed, and, as we insist, did relieve parties bound by Confederate money contracts from the hardships imposed upon them by the then existing law,…
Read the full summary
Appeal from Pulaski Circuit Court. Hon. Liberty Bartlett, Circuit Judge. This case, so far from being the same as that presented in Roane v. Green $ Wilson, or Hastings v. White, is one in which the appellant bases his right to relief upon an act of the Legislature of Arkansas, which grew out of those very decisions ; which was designed, and, as we insist, did relieve parties bound by Confederate money contracts from the hardships imposed upon them by the then existing law, as declared in those cases. Conceding the correctness of those decisions, under the law as it then stood, such…
1Opinion of the CourtHarrison, J.
This is an action of debt by Jacob Hawkins against Francis H. Moody, on three writings obligatory, each payable one day after date, and bearing ten per cent, interest from date, until paid. The defendant filed three special pleas, to all of which the plaintiff demurred; The court sustained the demurrers and rendered jugdment for the plaintiff, and the defendant appealed.
The first plea, which is a special non estfactum, and extends to all the counts, to show that the instruments sued on are not the acts and deeds of the defendant, alleges that, when the writings obligatory were executed, the…
2Cited by5 opinions
- Garvin v. LintonSupreme Court of Arkansas · 1896
- Davidson v. Commercial Credit Equipment Corp.Supreme Court of Arkansas · 1973
- Sullins v. Farmers Exchange BankSupreme Court of Oklahoma · 1906
- Brown v. GrundyU.S. Circuit Court for the District of Eastern Arkansas · 1901
- Raines v. O'NealSupreme Court of Arkansas · 1934