7 Ark. 135
Decided July 15, 1851
Supreme Court of Arkansas · decided 1851-07-15
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.
Decided 1851-07-15
¶1delivered the opinion of the Court.
¶2This was an action upon a writing obligatory, signed M. S. Miller. The plaintiff declared against Mathew S. Miller. The only point presented was, whether, upon oyer, there was a variance between the bond given on oyer and the declaration. The precise point was discussed and settled at the present term in the case of Rector vs. Taylor & Gardiner. It is there held that this is no variance.
¶3Let the judgment of the Circuit Court be, in all things, affirmed.