Legal Opinion

Kellogg v. Miller

Supreme Court of Arkansas

Decided April 15, 1846Published

Writ of error to the circuit court of Pulaski county. Thin was an action of assumpsit, by attachment, brought by Kellogg & Kenneth against Miller and Rogers, and determined in the Pulaski circuit court at the May term 1844, before Clendenin, Judge. The declaration charged the defendants, as owners of the steam boat, Gov. Yell, for supplies &c. furnished the boat by plaintiffs.

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Writ of error to the circuit court of Pulaski county. Thin was an action of assumpsit, by attachment, brought by Kellogg & Kenneth against Miller and Rogers, and determined in the Pulaski circuit court at the May term 1844, before Clendenin, Judge. The declaration charged the defendants, as owners of the steam boat, Gov. Yell, for supplies &c. furnished the boat by plaintiffs. In order to obtain the attachment, the plaintiffs’ counsel filed the following bond: (also the usual affidavit of indebtedness.) u Due Davis Miller and Thomas Rogers, &c. six hundred dollars, signed and sealed. The…

1Opinion of the Court

Oi,üiia.m J.,

delivered the opinion of the court.

It cannot be doubted but that the first part of the plaintiff's-.'replication would be a good answer t.o the defendant.-,’ plea in abatement, if pleaded separately and with technical accuracy, a; it i a direct denial of the allegations contained in the plea. Hut the defendants insist that the replication is bad for duplicity in as much as it also avers that the plaintiffs ratified the act, of signing and sealing the bond on the 2ith May 1842, which was after the return day of the writ.

Duplicity in a plea or replication cou-ists in its containing…

2Cases cited1 opinion

  1. Didier v. GallowaySupreme Court of Arkansas · 1841

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