Gamblin v. Walker
Supreme Court of Arkansas
ArTEAL from Hempstead Circuit Court. This was an action of debt brought in the coart below bj James H. Walker, for the ase of Júchalas T. Perkins, against Thomas Gamblin, Abner Moren, and William McAiae, on a writing obligatory for the ■sum of one hundred and thirty dollars. After a motion to quash the writ, the defendants below craved oyer of the writing declared on, and on oyer it appeared that there was an endorsement on the writing, assigning the same "to JSr.
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ArTEAL from Hempstead Circuit Court. This was an action of debt brought in the coart below bj James H. Walker, for the ase of Júchalas T. Perkins, against Thomas Gamblin, Abner Moren, and William McAiae, on a writing obligatory for the ■sum of one hundred and thirty dollars. After a motion to quash the writ, the defendants below craved oyer of the writing declared on, and on oyer it appeared that there was an endorsement on the writing, assigning the same "to JSr. T. Perkins. The defendants then pleaded two pleas, substantially tile same, and alleging that after the making of the writing, and…
1Opinion of the CourtDickinson, Judge
This is an action of debt brought by Walker for the use of Perkins, on a writing obligatory. The defendants put in two pleas: that the writing declared on had been assigned to Perkins, before the institution of the suit, to which there was a demurrer sustained, and judgment, given for the appellee, from which the defendants below appealed.
The error assigned, questions the correctness of the opinion of the court in sustaining the demurrer.
As the demurrer brings before the court the whole state of the pleadings, at least as far as is necessary, it is proper to enquire into the sufficiency of…
2Cited by3 opinions
- Gray v. Real Estate BankSupreme Court of Arkansas · 1843
- Roane v. LaffertySupreme Court of Arkansas · 1844
- Lafferty v. RutherfordSupreme Court of Arkansas · 1844