Trustees of R. E. Bank v. Bozeman
Supreme Court of Arkansas
Ajypeal from PulasJd Owowit Court'm Chcmo&ry. Tbe Hon. "William: H. Eeldd, Circuit Judge.. Tbe- question wbicb we present is, whether it was necessary to aver, or prove tbe fact of notice, and whether Bozeman can be allowed, after bis plea j¡ná» da/rrien continuance, to insist tbat there was no notice given to Mm. The plea puis da/rrien continuance waived all- previous, pleas, and every thing is confessed except the matter contested by the pleayms.
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Ajypeal from PulasJd Owowit Court'm Chcmo&ry. Tbe Hon. "William: H. Eeldd, Circuit Judge.. Tbe- question wbicb we present is, whether it was necessary to aver, or prove tbe fact of notice, and whether Bozeman can be allowed, after bis plea j¡ná» da/rrien continuance, to insist tbat there was no notice given to Mm. The plea puis da/rrien continuance waived all- previous, pleas, and every thing is confessed except the matter contested by the pleayms. Morris vs. 6Wr,19 Wend. 699; 2 Wmd. 300; 10 Wend„ 675/ 14 Wend. 161/ 1 Salic. 178 / Oro. Miz. 49. The suit in chancery is in the nature of an…
1Opinion of the Court
Hon. S. H. Hempstead,- special Judge,
delivered the opinion of the Court.
The object of this bill was to obtain payment of a bill of exchange, drawn by Gray and Turner on Simeon Buckner, the 1st of May, 1840, payable nine months after date, at the Canal and Banking Company, New Orleans, Louisiana, which was accepted •by Buckner, endorsed by Michael Bozeman and Badford McCar--.go, and discounted by the Beal Estate Bank, for the benefit of Buckner; and was protested for non-payment. The bill was for ■the accommodation of Buckner.
On the 17th of July, 1841, suit was instituted on the bill, in…
2Cases cited5 opinions
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Rayner & Hope v. DyettNew York Supreme Court · 1829
- State v. Real Estate BankSupreme Court of Arkansas · 1844
- Buckner v. Real Estate BankSupreme Court of Arkansas · 1844
- Morris v. CookNew York Supreme Court · 1839