Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 1

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1810 edition. Excerpt: ...em-Leggf 'bodied in, and presented by a regular and formal plea in abatement of 1'""' "39 the writ; to which the plaintiff had demurred, and the judgment of the nvsa court had been given for him on the demurrer, and a reqondeat ouster had been awarded, as it must have been, and the defendant had after-wards pled the general issue in bar of the action, as he has done in this case, upon the overruling of his motion, could any one insist for a moment, that he could afterwards take advantage of any error in the judgment pronounced upon his plea? Certainly not. And the reason is, that by electing to plead over, instead of abiding by his first defence, he shall be considered as having acquiesced in, and admitted the pro-priety and justice of the decision against him, or waived any legal objectidn which he may have had thereto. And w-e do not perceive, as before remarked, any reason why the rule should not apply to the like defence, when it is made by motion, as in this case; we are, there-fore, of opinion, that the facts assigned as error, in the first five specifica-tions in the assignment of errors, were waived by the defendant below, by pleading over, and therefore, they are not matters for which error will lie to reverse the final judgmentin this cause. And therefore, we express no opinion as to their legality or sufiiciency. The sixth assignment is, that the court erred in rendering judgment for the costs of the motion to abate the writ against the plaintiff in error. The practice of entering up a final judgment for cosh, upon the decision of incidental questions, or motions in the progress of asuit, is certainly not warranted bylaw, and is in itself improper, as subjecting the party against whom it is rendered, more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236977882
  • 9781236977885