Alderman & Council v. Finley
Supreme Court of Arkansas
Writ' of Error to Hempstead Circuit Court. Assumpsit by the Alderman and town Council of Washington, Hempstead county, Arkansas, against James W. Finléy, determined in the Hempstead Circuit Court, in August, 1847, before the Hon. Ciieistopiiee C. Scott, then one of the Circuit Judges. Facts stated by the Court.
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Writ' of Error to Hempstead Circuit Court. Assumpsit by the Alderman and town Council of Washington, Hempstead county, Arkansas, against James W. Finléy, determined in the Hempstead Circuit Court, in August, 1847, before the Hon. Ciieistopiiee C. Scott, then one of the Circuit Judges. Facts stated by the Court. The town of Washington was incorporated under the authority of a public law; and the record was competent evidence of the fact of incorporation. {The Duchess County Manufactory vs. Davis, 14 J. R. 244. Digest, ch. 162.) If the plaintiffs were not a corporation, that fact ought to have…
1Opinion of the CourtJustice Walker
The Alderman and Town Council of the town of Washington, brought their action of assumpsit against the defendant upon verbal promises made to the corporation. The defendant pleaded non assumpsit. Upon the trial of the cause, the plaintiff offered in evidence a transcript of the record of the County Court of Hempstead county, which, upon the objection of the defendant, the Court refused to permit to be read as evidence; and also refused to permit any other evidence to be given until competent proof of the corporate existence of the plaintiff should be produced. The plaintiffs excepted, and…
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