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1 Ark. 33

Irvin v. Sebastian

Supreme Court of Arkansas

Decided January 15, 1845

Supreme Court of Arkansas · decided 1845-01-15

Action of debt, by Miller Irvin, public administrator of Phillips county, against W. K. Sebastian and T. B. Hanly, determined in the circuit court of Phillips county, at the, October term, 1843.

Decided 1845-01-15

Oldham, J.,

¶1delivered the opinion of the court.

¶2. The objections raised by the demurrer to the plaintiff’s declaration are wholly frivolous and untenable. The declaration has described the instrument sued on according to its legal effect, and dpes not attempt to set it out in Iicbc verba; and had it so attempted to describe it, the objections raised by the demurrer would not avail the defendants. The doctrine of idem sonans applies in this case as well as in any other. The circuit court should have overruled the demurrer; wherefore the judgment is reversed and this cause remanded.

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