Hanly v. Real Estate Bank
Supreme Court of Arkansas
This was an action of debt, determined in the Phillips Circuit Court, in June, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. The declarafion stated that Hanly, with two others, on the 11th day of March, 1341, made his certain promissory note, “bearing date of the same dty and year aforesaid,' whereby,” &c.
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This was an action of debt, determined in the Phillips Circuit Court, in June, 1842, before the Hon. John C. P. Tolleson, one of the circuit judges. The declarafion stated that Hanly, with two others, on the 11th day of March, 1341, made his certain promissory note, “bearing date of the same dty and year aforesaid,' whereby,” &c. The defendant craved oyer, which being granted, he demurred, without setting out the note in his demurrer, for variance, on the ground that the note in fact bore no date. A note is copied in the record, in these words: “ $175.. --county,-day-, 18 — . “ Six months…
1Opinion of the Court
By the Court,
Ringo, C. J.
In respect to the discontinuance, it has been repeatedly decided by this court, that a discontinuance as to one defendant, who was du y served with process in time to bind him to appear and answer the action, or subject him to the legal consequences of a judgment by d ifault, upon his failure to do so, would operate as a discontinuance of the whole action; and such, we consider, would have been the legal effect, in this case, if the plaintiff in error had relied upon it, and done no act, subsequently, amounting to a waiver of this objection. This he did not do; but,…
2Cited by6 opinions
- Warren v. StateSupreme Court of Arkansas · 1857
- Sillivant & Thorn v. ReardonSupreme Court of Arkansas · 1843
- Cummins v. WoodruffSupreme Court of Arkansas · 1843
- Field v. PopeSupreme Court of Arkansas · 1843
- Taylor v. Coolidge & Co.Supreme Court of Arkansas · 1856
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