Files v. Robinson & Co.
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court, Before W. J. "White, Clerk of the Circuit Court. . The act of March 27, 1871, was unconstitutional and void. Const, of 1836, art. 6, sec. 3- of 1864, art. 7, sec. 3; of 1868, art. 7, sec. 5 ; Code, ch. 2, sec. 18. There must be service of summons returnable to court and a day for trial. A note payable at a particular time and place must be then and there prosecuted before action will lie. Smith’s Mercantile Law, p. 275.
1Opinion of the Court
English, Ch. J.
On the 10th June, 1873, J. M. Robinson & Co. filed a complaint in the office of the clerk of Ashley Circuit Court, against Files, Norris & Co., on a note for $3145.52, dated Louisville, Kentucky, May 27, 1872, due four months after date, negotiable and payable with current rate of exchange at the Merchants’ Bank of Kentucky.
Upon the filing of the complaint and bond for costs, the clerk issued the following paper:
“ State of Arkansas, county of Ashley. The State of Arkansas to Abner W. Files, William O. Files and Joseph W. Norris, under the style of Files, Norris & Co.,…
2Cases cited2 opinions
- Kelly v. Van AustinCalifornia Supreme Court · 1861
- Wallace v. EldredgeCalifornia Supreme Court · 1865
3Cited by8 opinions
- Humphrey v. ThompsonSupreme Court of Arkansas · 1954
- Keane v. CushingMissouri Court of Appeals · 1884
- Renault Central, Inc. v. International Imports of Fayetteville, Inc.Supreme Court of Arkansas · 1979
- Employers Mutual Casualty Co. v. BucknerSupreme Court of Arkansas · 1961
- McIntosh v. PonderSupreme Court of Arkansas · 1953
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