Elliott v. Bank of the State
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in September, 1841, before the Hon. John J. Ceendenin, one of the Circuit Judges. The Bank sued Elliott, Redman, and James, on a bond, for $560, due at six months from Feb. 13, 1840, without any averment as to their residence. Writ issued to Critten-den county, and was executed on Elliott and Redman.
Read the full summary
This was an action of debt, determined in the Pulaski Circuit Court, in September, 1841, before the Hon. John J. Ceendenin, one of the Circuit Judges. The Bank sued Elliott, Redman, and James, on a bond, for $560, due at six months from Feb. 13, 1840, without any averment as to their residence. Writ issued to Critten-den county, and was executed on Elliott and Redman. The writ, after naming both counties, first Crittenden, and then Pulaski, required the defendants to be summoned to appear “ at the Court-house in the county aforesaid.” The sheriff’s return did not state where the writ was…
1Opinion of the Court
By the Court,
Dickinson, J.
The defendant, in whose favor there is a discontinuance of the action, is certainly entitled to a judgment for his costs, if any have, been expended by him. In the case before us, it appears there was no service upon James. He was never in court, and consequently l\as been put to no expense in defending the suit. Such being the case, he could have no judgment.
The place at which the Court was to be held, is, in our opinion, set forth with sufficient certainty. The defendants were required to appear “ before the Judge of our Circuit Court of Pulaski county, at the…
2Cited by2 opinions
- Bullard v. ThorpeSupreme Court of Vermont · 1894
- Reed v. Bank of the StateSupreme Court of Arkansas · 1843