Gist v. Gans
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. M. L. Rice, Special Judge. The court erred in sustaining demurrer to the plea of illegality ■on account of Confederate money. Latham v. Clark, 25 Arle., •574; Jordan v. Walker, 26 id., 1; ILingv.
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APPEAL from White Circuit Court. Hon. M. L. Rice, Special Judge. The court erred in sustaining demurrer to the plea of illegality ■on account of Confederate money. Latham v. Clark, 25 Arle., •574; Jordan v. Walker, 26 id., 1; ILingv. Carnall, ib., 36; Carl Lee v. Carlton, 27 ib., 379. It was good at least to reduce the amount of recovery under act of March 5th, ’67, which it is argued was not obnoxious to the objection made in Leaeh v. Smith, 25 Ark., 248. See also Thorington v. Smith, 8 Wall., 1 and 19 ib., 548. And in admitting the testimony of plaintiff, the proof as to the apparent…
1Opinion of the Court
English, Ch. J.:
On the 12th day of August, 1867, Leon Gans, after notice to James M. Gist, administrator, presented to the Probate Court of White county, for allowance and classification, the following claim against the estate of John F. Thomas, deceased, properly authenticated by affidavit:
“ Stony Point, April 25th, 1862.
$895.25. Due Leon Gans eight hundred and ninety-five 25-100 dollars borrowed money, and payment for a mule, for-which I promise to deliver cotton at Des Arc at eight cents per pound when called for. Jno. F. Thomas.”
Gist, the administrator, interposed two pleas: First — A…
2Cases cited7 opinions
- Jackson v. OsbornNew York Supreme Court · 1829
- Bailey v. TaylorSupreme Court of Connecticut · 1836
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
- Stoner v. EllisIndiana Supreme Court · 1855
- Vance v. BloomerNew York Supreme Court · 1838
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3Cited by9 opinions
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- Josephs v. BriantSupreme Court of Arkansas · 1913
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- Robertson v. Southwestern Co.Supreme Court of Arkansas · 1918
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