Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 17

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 17

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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. 1857 edition. Excerpt: ...the entry, which we have copied, is a virtual disposition of the demurrer, whilst it also embodies matter and substance which make it a judgment final against the State. It is true, that it is usual, in such cases, for the record to show more than one entry, as for instance: 1. The submission of the demurrer to the court with or without argument. 2. The-lisposition of such demurrer by the court, including a judgment of respondeat ouster. 3. A final judgment, if the party will not answer over in pursuance of the preceding order. Ve, therefore, hold that this assignment is not sustained by the transcript in point of law and fact. 2. It is true, that it does not appear from the transcript, that the defendant, Rattan, made any appearance to the sci. fa. in the court below, and that the court, upon sustaining the demurrer of Byers to the sci. fa., for the causes therein set forth, and the refusal of the State to answer over, proceeded to, and did render judgment final, in favor of both Byers and Rattan. This assignment questions the propriety of the judgment of the court below, on this account. In Gordon vs. T he State, use d' 0., 6 Eng. Ifvp. 12, it was held by this court that, where several are sued upon an obligation, a successful plea by one discharges the other defendants, unless the nature of the plea is of a character going to the personal discharge of the pleader, of which the others could take no advantage, as infancy, bankruptcy, &c. This, we believe, is a universal principle, recognized and acted upon in the administration of the law in all courts, where the pragice of the English common law courts is pursued or adhered to. Ve, therefore, hold that there is no error in the judgment of the court below, in respect to this...
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Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236790502
  • 9781236790507