Legal Opinion
Moore v. Horsley
Supreme Court of Arkansas
Decided November 15, 1883PublishedCited by 4 opinions
APPEAL from Benton Circuit Court. Hon. J. Frank "Wilson, Special Judge. The note was not due, and the suit was prematurely brought. Pomeroy on Rem, etc., sec. 519; Gantt’s Digest, sec. 568; Wait’s Action and Def., vol. 1, p. 6^0; Story Prom. Notes, Ifti ed., sec. §85; 17 Ark., ^§.
1Opinion of the CourtSmith, J.
The plaintiff sued July 1, 1882, and obtained judgment upon an instrument for the payment of a certain sum of money on or before the first day of July, 1882. The maker had the whole of that day to pay it, and could not be sued until the next day. Zachery v. Brown, 17 Ark., 442.
Reversed and remanded, with directions to abate the action as premature.
2Cited by4 opinions
- Shanks v. ClarkSupreme Court of Arkansas · 1927
- Toof v. BrewerMississippi Supreme Court · 1909
- Jones v. DyerSupreme Court of Arkansas · 1909
- Rodgers v. WiseSupreme Court of Arkansas · 1913