Roane v. Lafferty
Supreme Court of Arkansas
This was an action of debt, determined in the Yan Burén Circuit Court, in October, 1843, before the Hon. Thomas Johnson, one o^ the circuit judges.
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This was an action of debt, determined in the Yan Burén Circuit Court, in October, 1843, before the Hon. Thomas Johnson, one o^ the circuit judges. Sam C. Roane, Ebenezer Waiters, Lambert Reardon, Henry L. Biscoe, William F. Moore, John Preston jr., Anthony H. Davies, Sandford C. Faulkner, Silas Craig,-George Hill1, Enoch J. Smith, James H. Walker, Lorenzo N. Clarke, John Dren-nen, and Robert S. Gibson, as trustees and assignees of the Real Estate Bank, and as successors and survivors of Carey A. Harris, deceased, and of James S. Conway and Daniel T. Witter, removed, sued John L. Lafferty,…
1Opinion of the Court
By the Court,
Ringo, C. J.
The assignment of errors questions the correctness of the judgment on the demurrer. From the view which we have taken of the subject, it is only necessary to notice the second ground specially assigned in the demurrer, which distinctly involves the legal right of the appellants, as shown by the pleading, to the debt demanded, and the legal liability of the appellees to pay it to them. We consider it well established, as a general rule in pleading, that the plaint must show in all of the plaintiffs a legal right to demand against all of the defendants, the right, or…
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