Sims v. Whitlock

Decided January 15, 1843

Supreme Court of Arkansas · decided 1843-01-15

This was an action of covenant, determined in the Franklin Circuit Court, in September, 1842, before the Hon. Richakd C. S. Bkown, one of the circuit judges. John Sims sued Whitlock, Newman and Tomberlin, on a bond for $>45 in Arkansas bank notes, due 25th December, 1841. The breach alleged that the defendant did not pay that sum either in such notes or money, by the 25th December, 1841, and have always refused, and still refuse to-pay the same. Service on Newman and Sims.

Cited by 1 later decisions — most recently February 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1843-01-15

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¶1By the Court,

Paschal, J.

¶2It is to be observed, that no steps were taken as to the defendant not served; nor does the record show what ■ defendant demurred. This is, certainly, a very irregular proceeding.

¶3No cause of demurrer has been pointed out. We have looked through the declaration, which seems to be substantially good. 2 Ark. Rep. 115, Davies vs. Gibson. According to the principles settled in the case of Dillard vs. Evans, 4 Ark. Rep. 175, covenant was the proper remedy. The breach is well laid for the non-performance of the covenant, according to its terms. In our opinion, therefore, the demurrer was wrongfully sustained. Judgment reversed.