Real Estate Bank v. Rawdon
Supreme Court of Arkansas
This was an action of assumpsit, tried in the Pulaski circuit court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Rawdon, Wright and Hatch, engravers of New York, were the plaintiffs, and. The Real Estate Bank, defendant.
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This was an action of assumpsit, tried in the Pulaski circuit court, at September term, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Rawdon, Wright and Hatch, engravers of New York, were the plaintiffs, and. The Real Estate Bank, defendant. The case was tried before the court, without the intervention of a jury, and all the facts are presented by a single bill of exceptions; which was taken the day after the trial, time having been given, by consent, to file it, and which, commencing thus, “Be it remembered, that on the trial of this cause, the same being submitted by…
1Opinion of the Court
the opinion of the court was delivered by
Dickinson, J.
The only question in this case is as to the plaintiffs’ right to recover of the defendant upon the facts stated. As a question of practice may possibly be raised in this case, we will first examine and decide that point before passing to the consideration of the main en-quiry raised by the record.
The facts were admitted upon the trial on an agreed case. The court was required to decide the law arising upon these facts. The case stands in the same situation as if there had been a special finding by a jury — the law of the case being…
2Cases cited5 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
- Ensworth v. DavenportSupreme Court of Connecticut · 1832
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- Harsha v. RichardsonSupreme Court of Oklahoma · 1912
- Rawdon v. RapleySupreme Court of Arkansas · 1849
- Conley v. ArchillionSupreme Court of Arkansas · 1920
- Porter v. Doe on dem. HanleySupreme Court of Arkansas · 1849
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