Munday v. Collier

Supreme Court of Arkansas

Munday v. Collier

52 Ark. 126

CourtSupreme Court of Arkansas

DecidedMay 15, 1889

StatusPublished

Cited by2 cases

This text of 52 Ark. 126 (Munday v. Collier) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Munday v. Collier, 52 Ark. 126 (Ark. 1889).

Pincite

Opinion

Per Curiam.

Husband and Wife:Contracts: Practice. The question of the application of the sums claimed to have been paid by the defendant, Munday, to jjjs wjfg) was fairly submitted to the jury; and they found that the amounts, if paid, were not made as payments on the note, and their verdict is conclusive.

Whether the note constituted a legal liability or not, it was unquestionably an equitable claim against the husband. The error, if any, in bringing the action at law, was waived by the defendant’s failure to move a transfer to the proper docket. Organ v. Ry., 51 Ark., 235.

Affirmed.

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Per Curiam.

Husband and Wife:Contracts: Practice. The question of the application of the sums claimed to have been paid by the defendant, Munday, to jjjs wjfg) was fairly submitted to the jury; and they found that the amounts, if paid, were not made as payments on the note, and their verdict is conclusive.

Whether the note constituted a legal liability or not, it was unquestionably an equitable claim against the husband. The error, if any, in bringing the action at law, was waived by the defendant’s failure to move a transfer to the proper docket. Organ v. Ry., 51 Ark., 235.

Affirmed.

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Bluebook (online)

52 Ark. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munday-v-collier-ark-1889.

Opinion

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