Rheubottom v. Sadler Exr.
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Hon. William H. Feild, Special Judge. The fir t and second pleas of Logan were good, and the Court erred in sustaining the demurrur to the first. {Wilson et al. vs. Shannon and ivife, 1 Eng. 196; Delano, et al. vs. Kennedy, 5 Ark. 459; Ghildres vs. Fowler, 4 Eng. 159.) The order of publication was insufficient to authorize a judgment against Boon and Ellison Logan, in not stating “ the nature of the plaintiff’s demand.”
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Appeal from Johnson Circuit Court. Hon. William H. Feild, Special Judge. The fir t and second pleas of Logan were good, and the Court erred in sustaining the demurrur to the first. {Wilson et al. vs. Shannon and ivife, 1 Eng. 196; Delano, et al. vs. Kennedy, 5 Ark. 459; Ghildres vs. Fowler, 4 Eng. 159.) The order of publication was insufficient to authorize a judgment against Boon and Ellison Logan, in not stating “ the nature of the plaintiff’s demand.” (See sec. 24, ch. 17, Digest 177, and Brodie vs. Skelton, 6 Eng. 120;) nor was the affidavit of the editor of the paper, in which it was…
1Opinion of the CourtChief Justice English
It appears from the record, that on the 24th of March, 1853, whilst the Johnson Circuit Court was in session, James Murphy filed therein a declaration, in assumpsit, affidavit and bond, and sued out a writ of attachment against Wm. Rheubottom, Ellison Logan, Boon Logan, and Dickson Logan, returnable to the next term of the Court. The writ was placed in the hands of the sheriff on the day it was issued, and on the next day returned by the sheriff with an endorsement thereon, that the plaintiff had died after the writ came to his hands, but before its execution.
On the 25th of March, (the day on…
2Cases cited1 opinion
- Nevill v. HancockSupreme Court of Arkansas · 1855