Evans v. Parks

Decided January 15, 1850

Supreme Court of Arkansas · decided 1850-01-15

Writ of Error to Franklin Circuit Court. Thomas C. Parks sued Samuel Evans, before a justice of the peace of Franklin county, in January, 1849, upon a ferriage account for $13 05. Judgment for plaintiff before the justice for the amount of the account, and appeal by defendant to the Circuit Court — William Hail security in the appeal. The cause was determined in the Circuit Court in February, 1849 ,before the Hon. William W. Floyd, Judge.

Decided 1850-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2The record shows that the plea to the jurisdiction was sworn to, filed and demurred to. Its subject matter was sufficient, and was well pleaded. It was, therefore, error to sustain the demurrer.

¶3And the appellant resting upon his plea, and refusing to say any thing further, as the action was upon an open account, an interlocutory judgment only should have been rendered against him, and a writ of inquiry awarded. The Court, therefore, erred in rendering a final judgment, .as done. The judgment must be reversed, with instructions to the Court to overrule the demurrer, and permit the appellee to respond to the appellant’s plea to the.jurisdiction.