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8 Ark. 276

Maddin v. State Bank

Supreme Court of Arkansas

Decided January 15, 1853

Supreme Court of Arkansas · decided 1853-01-15

On the 23d April, 18-50, the B.ank of the State br.opght debt against Thomas Maddin, administrator of James Maddin, decear sed, upon a note executed to the Bank by James Maddin, in his lifetime, and Jeremiah Moreland and William W. E. Moreland, not sued, due 28th day of August, 1844.

Decided 1853-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2It was not indispensable to the maintainance of the suit, that the affidavits should have been previously exhibited to the administrator; nor was this a case where costs should have been adjudged against the plaintiff below, because the suit was controverted. Dig., p. 127, ch. 4, sec. 94.

¶3The other question, as to the statute of limitations, has been settled in the case of King Houston vs. The State Bank, decided during the present term.

¶4Finding no error in the record, the judgment must be affirmed.

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