Rawlings v. Paty

Supreme Court of Arkansas

Rawlings v. Paty

23 Ark. 204

DecidedJanuary 15, 1861

StatusPublished

This text of 23 Ark. 204 (Rawlings v. Paty) 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

Rawlings v. Paty, 23 Ark. 204 (Ark. 1861).

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Opinion

Mr. Justice Compton

delivered the opinion of the Court.

To a petition in debt brought by the administrator and admini-. stratrix of David Lewis, deceased, the defendant demurred upon the ground that in the petition the plaintiffs made no profert of their letters of administration.

None was necessary. The proceeding by petition in debt is purely a statutory remedy. The statute prescribes the form of the petition, and then provides that every suit commenced in accordance with the form prescribed, shall be prosecuted to final judgment and execution, in the same manner as if it had been commenced in the ordinary form. Gould's Dig., chap. 130. In this case, the form prescribed was followed, not only substantially, but literally.

Let the judgment be affirmed with costs. '

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Mr. Justice Compton

delivered the opinion of the Court.

To a petition in debt brought by the administrator and admini-. stratrix of David Lewis, deceased, the defendant demurred upon the ground that in the petition the plaintiffs made no profert of their letters of administration.

None was necessary. The proceeding by petition in debt is purely a statutory remedy. The statute prescribes the form of the petition, and then provides that every suit commenced in accordance with the form prescribed, shall be prosecuted to final judgment and execution, in the same manner as if it had been commenced in the ordinary form. Gould's Dig., chap. 130. In this case, the form prescribed was followed, not only substantially, but literally.

Let the judgment be affirmed with costs. '

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23 Ark. 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rawlings-v-paty-ark-1861.