Roane v. Hinton
Supreme Court of Arkansas
Writ of error to the circuit court of Independence county. This was an action of debt, determined in the circuit court of Independence county at the August term, 1844, before the Hon Thomas Johnson, then one of the circuit judges. The suit was brought by Sam C. Roane, James S. Conway and others, trustees of the Real Estate Bank, against Hinton and Allen, upon promissory notes, executed to the bank by the defendants, and assigned to the plaintiffs as trustees of the bank.
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Writ of error to the circuit court of Independence county. This was an action of debt, determined in the circuit court of Independence county at the August term, 1844, before the Hon Thomas Johnson, then one of the circuit judges. The suit was brought by Sam C. Roane, James S. Conway and others, trustees of the Real Estate Bank, against Hinton and Allen, upon promissory notes, executed to the bank by the defendants, and assigned to the plaintiffs as trustees of the bank. In the declaration no profert was made of the assignments. ■ The defendants demurred, the court sustained the demurrer, and…
1Opinion of the CourtOldham, J.
The counsel for the plaintiffs in error call upon the court to review the eases of Pelham vs. The State Bank 4 Ark. 202, Dardenne vs. Bennett, id. 458 and McLain vs. Onstott, 3 Ark. 483. The' court is well satisfied with the correctness of the rule as laid down in those cases. There should be strong reasons for overruling previous adjudications, especially where there are several successive decisions establishing the same doctrine. Precedents, it is •said, should not-implicitly govern., but discreetly guide, but when a principle has been once declared and acquiesced in, in subsequent •cases…
2Cases cited2 opinions
- Cross v. WilliamsSupreme Court of Arkansas · 1848
- Pelham v. State BankSupreme Court of Arkansas · 1842