Legal Opinion

Ruddell v. Mozer

Supreme Court of Arkansas

Decided January 15, 1839PublishedCited by 3 opinions

Error to Independence Circuit Court. This was an action originally commenced before a justice of the peace, and the summons commanded the constable to summon “ John Ruddell, surviving partner of John Ruddell and Aaron Gillett, partners under the style, &c. of Ruddell & -Gillett, to appear and answer unto John Moser and Barnett Mozer in an action on a parol agreement The justice gave judgment- against Ruddell for $33, and heap-pealed to the Circuit Court.

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Error to Independence Circuit Court. This was an action originally commenced before a justice of the peace, and the summons commanded the constable to summon “ John Ruddell, surviving partner of John Ruddell and Aaron Gillett, partners under the style, &c. of Ruddell & -Gillett, to appear and answer unto John Moser and Barnett Mozer in an action on a parol agreement The justice gave judgment- against Ruddell for $33, and heap-pealed to the Circuit Court. When the case came on for trial in the Circuit Court, a jury was called to try the issue; andón the trial the plaintiffs offered in evidence…

1Opinion of the Court

Rlíítío, Chief Justice-,

delivered the opinion of the Court:

This is á writ of error-, prosecuted to reversé á judgmentof the Couft Of Indepehdeiice county. The actioii wás commenced béfore á justice of áhe peácé, by the defendants in error, against John Ruddell-, as survivor Of Aaron Gillett, late partners, who were summoned t<* answer the plaintiffs “ in an action on a parol agreement.’* On the trial before the justice, the plaintiff obtained a judgment for .¿8 dollars* from which the defendant appealed to-the Circuit Court;— fihd for the prosecution thereof, Daniel C. Ruddell became his…

2Cited by3 opinions

  1. Macomber v. KinneySupreme Court of Minnesota · 1910
  2. Taylor v. StateSupreme Court of Arkansas · 1904
  3. Mooney v. StateSupreme Court of Arkansas · 1919

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