Volume 7 — Arkansas Reports

This was a bill originally filed in the Pulaski Circuit Court, by Robinson Lytle and wife, Elias Hooper and wife and Nathan H. Cloyes, by Clayton, his guardian, heirs at law of Nathan Cloyes, deceased, against the State of Arkansas, the Real Estate Bank, the Trustees of said Bank, Richard C. Byrd, James Pitcher, and others. A demurrer was sustained to the Bill, Complainants appealed to this court, and the dicision of the court below was affirmed.

The appellant, Andrew J. Floyd, was indicted, with others, in the Ouachita Circuit Court, for false imprisonment, and tried before Hon. Josiaii Gould, then one of the Circuit Judges, in October, 1849.

Nelson Mitchell, with others, was indicted, in the Ouachita Circuit Court, for false imprisonment, and tried before Hon. Josiah Gould, then one of the Circuit Judges, in October, 1849.

On Rule for Contempt. In this case, Thorn presented to this Court a motion for a rule upon Gordon N. Peay, Esq., clerk of the Circuit Court of Pulaski county, to show cause why he should not be attached for contempt for failing to return a writ of error.

Levi Gowen was indicted, in the White Circuit Court, for exhibiting a faro bank, and the case determined before the Hon. B. H. Neely, Judge, at May term, 1851. The facts appear in the opinion of this Court. contended that the omission of the clerk to mark the indictment “filed,” might be amended at any time, as may all ministerial acts and clerical errors, even in criminal cases. Sharf vs. Com., 2 Binn 514. State vs. Seaborn, 4 Dev. 319. 1 Chit. Cr.

Writ of Error to Poinsett County. Tindrell Burrow was indicted, for false pretences, in the Green Circuit Court, at the September term, 1847; changed the venue to Poinsett, and was tried before the Hon. John T. Jones, then one of the Circuit Judges, in April, 1849. There were four counts in the indictment.

On Application for Prohibition. “ Be it remembered, that, on this day, came before the Supreme Court of the State of Arkansas, in proper person, JohnMcMeechen, D. J. Slaughter and Thomas W. Hynes, and give to the Court here to understand and be informed that, on the 30th day of November, 1842, they, by the consideration and judgment of the Pulaski Circuit Court, recovered against a certain William Conway B. the sum of $324 54, for their debt, as well as interest thereon at…

<p>The legal title to a note, executed to the original Trustees of the Real Estate Bank did not pass, by virtue of the provisions of the deed of assignment, to the Residuary Trustees therein provided for — the equitable interest only passed — and a suit upon such note is properly brought in the name of the original trustees, for the use of the Residuary Trustees. Biscoe st al. vs. Sneed et al., 6 Eng. R. 106.</p>

This was an action of debt, determined in the Phillips Circuit Court, before the Pión. John T. Jones, then one of the Circuit Judges, in February, 1850. The facts are sufficiently stated in the opinion of this court. The 2d and 3d pleas are bad, because they set up, as a defence to the action, an agreement between Irwin and the appellant, by the very terms of which, the note in suit was to be paid before the execution of the agreement by Irwin.

Writ of Error to Pulaski Circuit Court. Andrew J. Brown sued Charles Rapley, before ajustioe of the peace of Pulaski county, on an account for work and labor, &c. On a irial before the justice, judgment was given in favor of Rapley, .and Brown appealed to the Circuit Court of Pulaski county, where the case was tried de novo, judgment for Brown, and writ] of error by Rapley.

On Application for Supersedeas. This was a petition filed on the 3d of May, 1851, in this court, praying- for a certiorari to the Probate Court of Randolph county, to send up to this court, for adjudication, certain proceedings and orders, made in that court, at the January term, 1851; and for á supersedeas to stay proceedings under the orders of that court.

On Application for Certiorari, &c. William J. Marr presented to this court, at the present term, a petition, stating that, at the July term, 1850, of the Probate Court of Randolph county, John H. Imboden and John P. Black, as administrators of Thomas 0.

The facts are stated in the opinion of the court. An allowance and classification of a claim by the Probate Court, have the force and effect of a judgment, (Dooley et al. vs. Watkins, 5 Ark. 705,) and the court has no power at a subsequent term to set aside such allowance and classification.

Debt', by Clark vs. Ford, on two notes executed by Applegate & Ford, in 1837, due in that year and 1838. Suit was brought in 1846.

Horace B. Allis presented a petition to this court, at the present term, representing that, under and by virtue of the provisions of the act of the General Assembly, entitled “ An act to provide for building a safe and durable wall around the Penitentiary, work shops, keeper’s house, and for the improvement of the Penitentiary system,” approved January 11,1851, the Secretary of State, Auditor, and Treasurer, who were, by said act, constituted the Board of Inspectors of said…

On Application for Supersedeas, The minor heirs of Barkeloo, by their guardian, applied to this court to supersede an order made by the Mayor and Aldermen of Little Rock, to sell certain lots in the city, belonging to them, to pay the expense of paving the side-walk in front of the lots, under an ordinance of the city.

Writ of Error to Arkansas Circuit Court. This was an action of debt, by the Bank of the State of Arkansas, against James M. Harris, Elijah Whiting, John Malpass, and Dudley G. W. Leavitt, determined in the Arkansas Circuit Court, at the April term, 1849, before the Hon. Josiah Gould, Judge. All tbe defendants were served with process except Harris, as to whom several writs were returned non est.

John R. Edwards was convicted of manslaughter, in the Poin-sett Circuit Court, at the April term, 1850, and sentenced to imprisonment in the Penitentiary, and to pay the costs of the prosecution, which were taxed at $305 32£1 Afterwards, the following pardon was granted to him by the Governor: The State of Arkansas— To all to whom these presents shall come— GREETING : Whereas, At the late term of the Circuit Court,for the county of Poinsett, John R. Edwards was convicted,…

In January, 1849, Hicliox sued Heaitsby before a justice of the peace of Johnson county, on an account as follows; “Mr. B. F. Hearshy, 1846. To W. C. Hichox, Agent, Dr. Jan. 26th. To 40 bundles spun cotton, at 60c., $24 00.” Judgment for plaintiff before the justice, and appeal by Hearshy. Trial de novo in the Circuit Court, verdict and judgment in favof of Hichox for the amount of the account.

Debt in the Pulaski Circuit Court. Declaration as follows: William R. Taylor and Charles Gardiner, partners in trade, under the style and firm of Taylor, Gardiner, & Co., by attorney complain of Henry M. Rector of a plea of debt, and demand that he render unto them, the plaintiffs, the sum of two hundred and fifty dollars, with eight per centum per annum interest thereon, from the 31st day of April, A. D. 1848, until paid, which to them he owes, and from them unjustly…

<p>Writ of Error to Pulaski Circuit Court.</p>

Writ of Error to White Circuit Court. On the 16th August, 1849, the Bank of the State brought an action of debt against Terry, on a promissory note, dated 8th August, 1842, and due six months after its date. Defendant pleaded limitation of three years.

Francis Circuit Court. Action of debt, on a writing obligatory, by Thomas G. Bell, use Wm, B. Swon, against Mathew S. Miller. The declaration complained of Mathew S. Miller, of a plea; &c., and alleged that “the said defendant, on, &c., at, &c., by his certain writing obligatory, sealed, &c., bound himself to the said plaintiff in the said sum of,” &c. Defendant craved oyer, and plaintiff filed the bond sued on, which was signed, UM.

Writ of Error to Pulaski Circuit Court. John Humphries, adr. of Joel Johnson, deceased, use Ashley & Watkins, sued out a writ of scire facias to revive a judgment against James C. Anthony, in the Pulaski Circuit Court! Defendant filed three pleas, 1: That execution was issued upon the original judgment, levied upon lands of defendant of sufficient value to satisfy the judgment, which remained undisposed of; 2: Nul tiel record; and 3: Payment.

Writ of 'Error to Jefferson Circuit Court. This was an action of debt, brought by James Yell, against Oscar L. White, in the Jefferson Circuit Court, on a writing obligatory for $600. The defendant pleaded the pendency of a former action against him, by the plaintiff, on the same cause of action in the same court. The plea is in the usual form, but not sworn to.

Writ of Error to Washington Circuit Court. This was an action of debt, by the Bank of the State, against Evan W. McClellan, determined in the Washington Circuit Court, before the Hon. Wm. W. Floyd, Judge, in April, 1850.

Franklin S. Warner presented a petition to this Court, at the present term, stating that on the 12th day of March, A. D. 1849, Selina, his wife, filed a bill against him in the Lafayette Circuit Court, for divorce and alimony. That, at the return term, he permitted an interlocutory decree to go against him, which was to become absolute unless he showed cause against it on or before the third day of the following term.

On tbe 12th day of January, 1848, Martin Very, assignee of Darwin Lindsley, brought covenant against Jonas Levy, in Pulaski Circuit Court, on the following instrument: “Little Rook, Arkansas, 3d March, 1841.

This was an indictment in the Conway Circuit Court, for disturbing a religious congregation, determined in the Conway Circuit Court, at September term, 1850, before the lion. William: IT. Feild, Judge.

Tt appears, from the transcript, in this case, that on the 1 Oth March, 1849, Lemuel Jenkins, suing for tlie use of Harvey B. Harland, recovered a judgment against Robert Jackson, for $15 39, before a justice oftbe peace of Phillips county. The action seems to have been on a note assigned to Jenkins.

This- was an action of trespass by Newman McGee against William Overby, Daniel J. Matthews, and Lemuel Ii. Matthews, determined in the Johnson Circuit Court, at the September term, 1850, before the Hon. W. W. Floyd, Judge. There were two counts in the declaration.

Writ of Error to Conway Circuit Court. This was an indictment for disturbing a religious congregation, determined in the Conway Circuit Court, before the Hon. Wm. H. Feild, Judge, at the March term, 1850.

Independence Circuit Court. Debt, by petition, as follows : H To the Circuit Court of the County of Independence, at the March term thereof, A. D. 1850 : Your petitioner, John A. Slater, the plaintiff in this cause, states that he is the legal owner of a note against the defendants William W. Ewbank and Charles B. Magruder, to the following effect: !

Conway Circuit Court. Adams & Ragsdale sued John Kurtz and Peter Kurtz, before a justice of the peace of Conway county, in December, 1849, on an account for goods, wares, and merchandize, consisting of a great many items, and amounting to $83 88. The plaintiffs recovered before the justice, and defendants appealed to the Circuit Court of Conway, where the cause was determined before the Hon. Wm. H. Feild, Judge, at the March term, 1850.

Writ of Error to Jndependcnce Circuit Court. On the 22d day of March, 1849, the Bank of the State of Arkansas commenced an action of debt, in the Independence Circuit Court, against .lohn N. Arnold and Alfred Arnold, on a promissory note, due 1st July, 1844. At the return term, defendants pleaded nil debt, payment, and the statute of limitation. Issue to the first and second of said pleas, and special replication, by the plaintiff, to the third.

Writ of Error to Independence Circuit Court. On the 22d day of March, 1849, the Bank of the State of Arkansas commenced an action of debt, in the Independence Circuit Court, against Alanson P. Sherrill and E. W. Jordan, on a note executed to the Bank by Sherrill, Jordan, and one C. S. McKinney, due 1st July, 1844. At the return term, Jordan not having been served with process, the action was discontinued as to him.

Carroll Circuit Court. Indictment for murder. Held: it was necessary for the State to prove in this case, to malee it murder in the first degree, “that the actual death of the party slain was the ultimate result sought by the concurring will, deliberation, malice and premeditation of the party accused.

On the 5th April, 1845, William F. Denton and Absalom Fowler filed a bill in the chancery side of the Jackson Circuit Court, making,' in substance, the following allegations : That John R. Neff and… Held: was void, or whether the purchase by Groll-man was made in open and palpable fraud, and whether it was made with the funds, and for the use of Lewis B. Tully, all of which are charged in the bill to be facts, this respondent, of his own knowledge, knows nothing.

The transcript in this case contains eight hundred and fifty-six pages, and if all the matters therein embraced, were stated, the case would make a volume of itself, but as tbe complainant has taken the case to the Supreme Court of the United States, and as, after it is there decided, it will be fully reported by the Reporter of that court, and republished in our Reports, in accordance with usage, it is deemed sufficient to state such facts here as are necessary to a proper…

ride of Pulaski Circuit Court. This was a bill filed by James M. Curran, in the chancery side of Pulaski Circuit Court, against the Bank of the State of Arkansas, John M. Ross, Financial Receiver, and David W. Carroll, attorney of said Bank, the State of Arkansas, and Charles J. Krebbs, determined before the Hon. Wm. II. Feild, Chancellor, in February, 1850.

<p>Appeal from, Pulaski Circuit Court in Chancery.</p> <p>Bill by Newton, executor of Walters, against Shouse & Loyd, determined in Pulaski Circuit Court.</p> <p>The fact's are stated in the opinion of this court.</p>

Moss, against Moses Ash-brooks, William Ashbrooks, William Boone, and wife, Angeline, determined in the Pike Circuit Court, in March, 1850, before the Hon. John Quilltn, chancellor! The bill alleged that Samuel Irwin, who died in Washington county, Mo., by his last bill bequeathed to the children of said Moses Ashbrooks: Samuel, Angeline, William and Mary Jane, three slaves, Caroline and her two youngest children, which will was duly probated, &c., and is exhibited.

The facts of this case are stated in the opinion of this Court- The same rule exists in equity as at law upon the subject of set-off, except where there are some equitable circumstances requiring a departure from the common law rule. (Green v. Darling et al., 5 Mass. 201. 2 Story's Eq., p. 816, 817. Jennings v. Webster, 8 Paige 503. Simon v. Hart, 14 /. R. 63. 2 Com). 139.) The debt must be due from the same parties in the same right. 2 Story's Eq., sec. 1437.

This was a bill for dower filed by Mary G. Cook, against Robert T. Cook, Francis Hopkins and wife Mildred E., William F. Campbell and wife Sarah E., Francis A. Cook, Edwin R. Cook, James O. Cook, Laura J. Cook, James F. Johnson, Eliza Walker and Augusta Johnson, and determined in the Hempstead Circuit Court before the Hon. John Quillin, chancellor, in May, 1850. Complainant alleged that she married William Cook in Virginia, in September, 1838, being then a widow.

This was a bill in chancery filed by Gude Aikin against Allen S. Harrington and Quinton Nix,in the Circuit Court of Arkansas county. Nix made default, and an interlocutory decree was rendered against him. Harrington answered, and on the hearing of the bill the court decreed that it be dismissed for want of equity, and that both defendants recover their costs, &c. The other facts appear in the opinion of this court.

Bill for injunction by Stevenson against McKisick, determined ■in Crawford Circuit Court. The bill stated that, on the 6th of July, 1846, McKissick obtained a justice’s judgment against Henry Fieman, for $63 33, on which, execution was stayed for six months, on recognizance of the complainant as security.

This was a bill in Chancery filed by Francis Haynie against Pleasant Me Lemore, determined in the Ouachita Circuit Court at the April Term, 1851, before the Hon. John Quillin, Chancellor. The bill alleged that defendant sued complainant at law on an account for money had and received, &c., and work and labor, &e. That complainant interposed by way of set-off an account for a larger amount than that claimed by the defendant.

Writ of Error to Hot Spring Circuit Court. This case comes from the Hot Spring Circuit Court, and the declaration is the work of that singular, but conscientious man, John D. Pollok, who was a preacher and a lawyer, and who now sleeps with his fathers.

This was a Chancery appeal from Pulaski county. On the 18th September, 1848, Lawson & Thorn filed their bill against Bettison, in which they allege : , That on the 29th September, 1841, Bettison recovered of Whit-more the sum of $225 debt, and $16 10 damages, and cost of suit.

On the 29th May, 1843, Augustus Whiting and Robert Slark, of New Orleans, filed.a bill in Pulaski Circuit Court against James De Baun, and others, to foreclose a mortgage, &c., containing substantially the following allegations: That on the 14th December, 1840, James De Baun was indebted to complainants in the sum of $5,836, for which he executed to them three notes, of that date; one for $1,936, due at eighteen months; another for $1,950, due at twenty-four months, and the…

This cause was determined before the Hon! William C. Scott, at the September Term, 1850, on appeal from the Probate Court of Independence county..

The plaintiff instituted suit against the defendant on the 4th April, 1850, upon a bond dated 24th January, 1839, at 6 months, for $350 97. The defendant pleaded the statute of limitations, to which the plaintiff replied “a promise in writing” within five years; and to sustain the issue formed on this replication, read in evidence two letters from the defendant to the plaintiff.

This was a scire facias against Richard H. Finn as administrator of George Dooley, deceased, to revive a judgment rendered in favor of William Crabtree as administrator, against the said George Dooley, in his lifetime, and others. No affidavit of the justice and non-payment of the judgment was filed by the plaintiff, nor any objection made in the Court below for the want of such affidavit..

The material facts in this case are stated in the opinion of the Court. The covenant sued upon is a personal contract, and an action for breach of it must be brought in the name of the personal representative. 1 Chit. PI. 21. 2 Hen. Black. 310. 3 T. R. 393, 401. The objection for want of legal title in the plaintiff may be taken at any time, even after trial and verdict. The Court was not authorized to assess the damages.

<p>Error to Jefferson Circuit Court.</p> <p>The facts of this case are sufficiently stated in the opinion, to show the points decided.</p>

<p>Appeal from the Circuit Court of Phillips.</p> <p>This cause was determined before the Hon. John T. Jones. The facts are sufficiently stated in the opinion of the court.</p>

This was a prosecution for marking hogs; the indictment contained two counts.

This was a suit upon a recognizance given to stay proceedings on a judgment in the Circuit Court pending an appeal to the Supreme Court. The plea and replication upon which the decision turns are stated, in substance, in the opinion of the Court. The cause was argued before the Hon. Thomas Johnson, 0.

The defendant was indicted by the name of John B. Smith; and pleaded in abatement that he was known and called by the name of John Smith and not John B. Smith. The State demurred to the plea; but the Court overruled the demurrer and the State appealed. The law allows of but one Christian name; middle names are disregarded, (2 Cow. 463,) and their omission or insertion incorrectly cannot be pleaded in abatement. 5 John. R. 84.

The original transcript filed in this case contained no statement of the empanneling of the grand jury; and as that defect was assigned for error, the Supreme Court ordered, of its own motion, a special writ of certiorari to amend the record. The return to the writ of certiorari showed that a grand jury was duly summoned, empanneled and sworn. The defendant in the Court below, with two others, was indicted for horse stealing.

This was an action of slander. The declaration, after the formal recitals, charges that “in a certain discourse which the said defendant then and there had of, and concerning the said plaintiff, in the presence and hearing of the said last mentioned citizens, falsely and maliciously spoke and published of and concerning the said plaintiff the false, scandalous, malicious and defamatory words following, that is to say, ‘you have sworn falsely,’ meaning that ‘you,’ meaning the…

This was an indictment for an assault with intent to murder. The defendant was tried and convicted: and then moved the court to arrest the judgment,because one of the grand jurors was not, at the time of acting on said grand jury, nor is he now, a citizen of the United States; and offered to prove the fact. The court overruled the motion in arrest of judgment, and the defendant excepted.

This was an action of debt, instituted on the 25th December, 1849, on a writing obligatory, executed by George Dooley, the defendant’s intestate, on the 19th December, 1843.

Writ of Error to White Circuit Court. This was a scire facias to revive a judgment: the defendant moved to dismiss, for cause set forth in the opinion of this court; the circuit court dismissed the cause, and the plaintiffs sued out a writ of error. A bond for costs is not required, •under the statute, on a scire facias to revive a judgment — it not being a new action but a mere continuation of the same suit. 1 D. & E. Rep. 389. 4 Ham. Ohio Rep. 399. Pet.

The appellee filed his petition in the Circuí Court to quash certain executions issued by the clerk of the Circuit Court of Lawrence county, which he averred were issued “without authority of law and without any legal or valid foundation, that no judgments have ever been obtained in said Circuit Court, or any other proceedings had there to authorize executions to issue.

The case of Woodruff v. The Attorney General pro tem., reported in 3 Eng. Rep'. 236,- having been reversed by the Supreme Court of the United States, and the Bank notes adjudged to be a legal tender in payment of the judgment, and the mandate of said Court, filed in this Court, the defendant moved for and obtained a per-emptory mandamus to compel the attorney to receive the notes in satisfaction of the judgment.

This was an action against the drawers of a bill of exchange, drawn by J. F. Davis & Co., at Memphis, Tennessee, dated 21st April, 1849, at sixty days, in favor of Lewis, Lendnem and Fields, and accepted by S. N. Norton, payable at Louisville, Kentucky. The case was submitted to the court, who found for the plaintiffs. The defendants filed a motion for a new trial; the court overruled the motion, and the defendants excepted, setting out the testimony.

The declaration in this case contained four counts. The first count was for money laid out and expended: the second, for so much money “due and payable for and in respect of relinquishing and giving up of certain buildings, erections and improvements before then made and erected by the plaintiff in and upon certain lands and premises before that time quitted, relinquished and given up by the said plaintiff, and given up to said defendant at his special instance and request,”…

Writ of Mandamus. The facts in this case appear in the opinion of the Court. Consanguinity is the' having the blood of some common ancestor. 2 Bl. Com., ch. 13,. p. 203. Affinity arises from the marriage of one of the parties so related, as the husband is related by affinity to all the consan-guinei of his wife, and vice versa. But the consanguinei of the husband are not at all related to the consanguinei of the wife. 1 Bl. Com., ch. 15,p. 435, note 5.

This was an action for the hire and value of a slave. The declaration sets out a hiring by the plaintiff to the defendants of a negro slave for the year 1849, and alleges that the defendants, on the first day of January, A. D. 1849, at &c., “did make and deliver to the plaintiff their certain promise in writing, which bears date,” &c., whereby they promised to pay a specified hire, to furnish clothes, &c., “and return said boy to the said Alston, at Clarksville, Arkansas, on…

<p>Appeal from Searcy Circuit Court.</p>

Writ of Error to Pulaski Circuit Court. Assumpsit, on a bill of exchange, brought by John G. Cocks, use of Samuel D. Walker, against Robert W. Johnson, and determined in Pulaski Circuit Court, at December term, 1849, before the Hon. Wm. H. Field, judge. There are two counts in the declaration on the bill, and the common counts. The first count alleges that on the 15th June, 1848, at Washington City, Ambrose II. Sevier, drew a bill of that date, upon Messrs.

On the 15tb January, 1850, Joseph H. Palmer filed a declaration in debt, by attachment, against James M. Shepherd, in Lawrence Circuit Court, on a promissory note, and a writ issued returnable to May term, 1850.

Writ of Error to Ouachita Circuit Court, This was an action of trover for a rifle gun, bought by Thomas Jones, against Peter Mason, and another, in the Ouachita Circuit Court.

Writ of Error to Pulaski Circuit Court. On tbe 18th February, 1848, the Bank of the State brought suit, in Pulaski Circuit Court, against Moses R. Woods, on the following note: State *of Arkansas, ) $650.

<p>Wrif of Error to Pulaski Circuit Court.</p>

This was an action of debt brought by Joseph Wheat (use of John Wharton) against Stephen Dotson, on a writing obligatory for $200, due first March, 1848.

Writ of Error to Independence Circuit Court, On the 22d March, 1849, the Bank of the State of Arkansas brought an action of debt, by petition, against Peter Engles and John Minikin, in the Independence Circuit Court, on a note due 25th October, 1844, executed by them, and one William D. En-gles to the Bank. At the return term, September, 1849, oyer of the note sued on was prayed and granted.

Writ of Error to Chicot Circuit Court. This was an action on the bond of Rives, as collector of Chicot county. The first breach alleged that the tax book was placed in his tiands on the 1st day of June, A. D. 1847, for which he gave receipt, the county tax thereon being $3,608 46.

Debt on a penal bond determined in the Pulaski Circuit Court, in February, 1850, before Hon. Wm. H. Feild, Judge.

Debt, by James McVicar against James H. Caldwell, as executor of Charles Caldwell, deceased, in Pulaski Circuit Court, on a writing obligatory, executed to plaintiff on the 16th November, 1841, by R. C. Byrd, as principal, and Win. J. Byrd, William Field, and defendant’s testator, as securities, for $1,200, due 1st June, 1843.

Writ of Error to Saline Circuit Court. Force & Co. brought an action of debt against Wm. Hensley, in Saline Circuit Court, on a judgment of the Circuit Court for Cherokee county, in the State of Alabama.

Writ of Error to Jackson Circuit Court. The facts are stated in the opinion of the Court. cited sec. 134, chap. 126, Digest, to show that the clerk legally entered the judgment pf non-suit in vacation, and sec. 24, chap. 99, to show that the statute of limitations was no bar to this action, and contended that the court erred in rejecting the record of the first suit as evidence.

'Writ of Error to Ouachita Circuit Court. On the 31st day of August, 1849, Green L. Grant, as public administrator on the estate of Albert Reynolds, deceased, brought an action of assumpsit against Hugh W. Ashley and Sterling C. Buchanan, in the Ouachita Circuit Court, on a promissory note, executed by the defendants to W. B. Shepherd, as administrator' of said Albert Reynolds, bearing date March 9th, 1844, and due' nine months after date.

At the October term, 1849, of the Probate Court of the county of Pope, that court refused to allow a claim presented by the Trustees of the Real Estate Bank, against the estate of James Maddin, dismissed the case and adjudged the costs against the Trustees, They appealed to the circuit, where, in March, 1850, on motion of the administrator, the case was dismissed for want of bond for costs- — -and'the Trustees appealed to this court.

Writ of Error to Jackson Circuit Court. This was an action of debt by the Bank of the State, against Thomas A. Roddy and George J. -Hatch, on a note executed to the Bank by the defendants and one John Roddy, not sued. The pleadings, and result of the ca.se below, are stated in the opinion of this court.

<p>Appeal from Independence Circuit Court.</p>

This was an action of assumpsit on a promissory note given to the Bank, on 1st January, 1841, payable nine years after date, for $2,500. Defendants pleaded non-assumpsit, and that there is no such corporation as the plaintiff, and no such corporation exists, in manner and form as alleged in said declaration. Issues were joined on both pleas. The case was tried by jury, and verdict for plaintiff.

<p>Appeal from Independence Circuit Court.</p>

Writ of Error to Pulaski Circuit Court. On the 26th day of February, 1848, the Bank of the State of Arkansas commenced an action of debt, in Pulaski Circuit Court, against Luke E. Barber and Wm. Trimble, on a note executed to the Bank by Barton Richmond, as principal, Thomas J. Lacy> G. W. Causin, and defendants, as securities, on a promissory note dated January 29, 1843, due at twelve months, for $525.

Hooper against James F. Lee, in the Scott circuit court. The gravamen of the charge in the declaration is, that on the 24th April, 1849, defendant falsely and maliciously made an affidavit before Seth Spangler, a justice of the peace of said county, that plaintiff was guilty of perjury in posting a certain cow, &c., whereupon the justice issued a warrant for the apprehension of the plaintiff, under which he was arrested, imprisoned, and afterwards tried and acquitted.

On the 30th July, 1847, the Bank of the State sued Wm. B. Wooddy and A. Whinnery, before a justice of the peace of Benton county, on a note executed to the Bank, payable at the branch at Fayetteville, by the defendant Wooddy, as principal, and Whinnery and another, as securities, for $87 39, dated 6th December, 1841, and due at six months. Judgment for defendants before the justice, and appeal by the Bank to the Circuit Court.

Writ of Error to Saline Circuit Court. Elthu CoRNELias was indicted, in tbe Saline Circuit Court, for larceny, tried, convicted, and brought error. The following is the caption to tbe indictment: “ STATE OF ARKANSAS, ) Countv oe Saline. [ At a Circuit Court begun and held in and for the county of Saline, in tbe State of Arkansas, on tbe 2d Monday after the 4th Monday of March, A. D. 1849, present the Hon. Wm.

This case was brought up, by writ of error, from the Supreme Court of the State of Arkansas. On the 2d of November, 1836, the State of Arkansas passed an act to incorporate the Bank of the State of Arkansas. The capital was one million of dollars, which was raised by a sale pf the bonds of the State, or by loans founded upon those bonds. The President and Directors were appointed by a joint vote of the General Assembly.

This case was brought up, by writ of error,, from, the Circuit Court of the United States for the Eastern District of Arkansas. The circumstances of the case, and the points of law upon which it came up to this court, are fully stated in its opinion. It was argued by Mr. Lawrence and Mr. Pike, for the plaintiff in error, and Mr. Crittenden, for the. defendant in error’.