Walker v. Wills
Supreme Court of Arkansas
This was an a'ction of debt, determined in the Monroe Circuit Court in March, 1842, before the Hon. John C. P. Toleeson, one of the Circuit Judges. Wills sued Walker, on a note for $200, payable on demand. Walker pleaded want of consideration. Demurrer to to plea sustained, and leave asked and granted to file a new plea. He then filed an amended plea, which was stricken from the files, and was excepted, but did not embody in his exceptions, the plea stricken out.
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This was an a'ction of debt, determined in the Monroe Circuit Court in March, 1842, before the Hon. John C. P. Toleeson, one of the Circuit Judges. Wills sued Walker, on a note for $200, payable on demand. Walker pleaded want of consideration. Demurrer to to plea sustained, and leave asked and granted to file a new plea. He then filed an amended plea, which was stricken from the files, and was excepted, but did not embody in his exceptions, the plea stricken out. He then refused to plead further, and agreed in open court that judgment might be rendered against him. Judgment for $200 debt, $62…
1Opinion of the Court
By the Court,
Paschal, J.
The plaintiff excepted, but did not copy the second plea, or so refer to it in any way as to make it a part of his bill of exceptions, or to preserve it on the record. Having therefore abandoned his first plea, and failed to make his second plea stricken from the files, a part of the record, we are left with nothing before us for consideration, but the declaration and the judgment. For although the second plea is copied into the transcript, yet we are not at liberty to consider it. We may passingly remark, however, that were we permitted to adjudicate on both pleas, we…
2Cases cited1 opinion
- Pullen v. ChaseSupreme Court of Arkansas · 1842
3Cited by3 opinions
- Watson v. WhiteSupreme Court of Arkansas · 1950
- Cave v. SmithSupreme Court of Arkansas · 1912
- Ringo v. BiscoeSupreme Court of Arkansas · 1853