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3 Ark. 432

Noel v. Clark

Supreme Court of Arkansas

Decided July 15, 1841

Supreme Court of Arkansas · decided 1841-07-15

Erk'or to Pulaski Circuit Court. This was debt on a nóte. In the transcript sent up, the Clerk had attempted a fac simile of one of the words used in the declaration in stating the amount of the note, so that, from the transcript of the declaration alone, the note appeared to be for some hundreds of dollars, bat for how many, it was impossible to say.

Decided 1841-07-15

Dickinson, J.,

¶1delivered the opinion of the court:

¶2The defendant in error, in his petition, states the note sued on so defectively, as to the sum demanded, that a demurrer would doubtless have been sustained for illegibility, had not the plaintiff in error, by craving oyer of the note, and placing it upon the record, made it a part of the previous pleading, and thereby cured this defect, which would otherwise have been fatal.

¶3The note given upon oyer, clearly shows the amount of the indebtedness to be four hundred and thirty dollars and twenty-six cents.

¶4The demurrer admits all the facts as set out in the pleadings, and being filed after oyer craved and granted, and the original note copied in the record, rendered that certain which was before uncertain.

¶5The judgment of the Circuit Court must therefore be affirmed, with costs.

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