The Arkansas banner., 1850-02-05
{. Case. Decided in tAs Suprms Court at tAs

January TeTms A. ID. 1880. LAvvFRrr, As AD) Appeal from IndePssdsne Cir LASSEnrr. Jadgneas affirmed.
 The proceedings in the Probass Court ttO class claim agalnst the estate of deceased persOn) are not required se bs In writing therefore creditor, iO enforce such claim. may prove an assignment te hlm by name other thaa hts ewn--that tt wss signed to him by the name of Le6sy. whea his real name was LsgTty with any written avefmsnt ef the fact % also thai ihe assignment male by Wiiiam s. { Htayy R. Hyasoa, by tho eni.ials ". $. $ HR. 1T.
 Clerks of the Circuit Courts have authority to take ufidayiis of claims against deceased persons. CABINET, usE, ETC. Error to Dallas Circuit Court a,sornsora.n Judsmen, rsvr.ed.
 4 plea of no consideration, without stating the circumstances attending the execution of the con tract sued on held to be good piea- BotIf. under such pIea thers appears to have been say eoasdeTs fioa ehsterer though insufficient inadequate, the proof does not sastala the plea
 RANDOLPH Error to Paluski ciFcait Court. RfSceoLD, Er. sl-} Judgment reversed.
 A Sheriiis not authoriEed to receive say thing on execution except gold aRd silver, without the consent of the plaintiff and therefore his return to an execution, that 1t was satisfied by payment oi bank paper. is not evidence of payment. The ease of RinggoId < al rs Palmer. 3 Eng 90, overuled. Bairrls Appeal from Hsa'psteAd Circuit c. TIE STATE Judgment affirmed.
 Where an exception is contilned in a clause sub sequea, that creating the ofFsaee. indictment need not state that the defendant does not como within the exception otherwise, when the proyisO exception is in the same clause of the statats. An indictment for keeping open a store on Sun- day need not erimisal iateat: the statute makes the act itself sD iadictabe offence. ANDREWS 2ErrOr to Union Circuit Court. LEWIS S Co Judgment reversed.
 An open account cannot be so assigned as to en- ble the assignee to sue in his own name he must sue in ihs nams of the assigOOr, for his use. EyASs. rT AL Error to Fra"kiin circuit court.
 v.
 PARKs SJudgment reversed.
 BowrS Error to ooachisa circuit court. CooK. Judgment reversed.
 srATE BANK Vii, of Error to Independenes
 circuit court
 BArE.. rr. AL Motion by defendants to dismiss
 motion sustained.
 A judgment by the CircuIt Court. a mctien to qussh the writ Of summons that "the writ be qaashed and that the defendants recover of the plaintiff the costs in that motion expended" Is not fna judgment; and therefore this coart re- vise the decision neither appeal wri, of
 defec, in the wri, should, according the rules of correct practice, be pleaded in abatement BUTLER, Er AL. Appeal from ouachita circuit WIIsos. }Judgmeut reversed.
 Debt upon bond, given to release property seized under an attachment: the declaEstion sets out a judgment bAfore Justice of the Peace against the defendant in ihe attachment: upon the piea of nal tiei record, held that it must appear aiirma'iveiy that the of action filed with the Justice boe tks issHsacs of the writ of attac hment the re- ctal that it filed the day not sufficient so of the affidavit and the attachment bond held also that the aft iavit aad bond must be eontained in the transcript of the proceedings of the Justice recital, in substance. Of their contents by the Justice, not sufficient: upon the plea Of no Judgment agains; the defe pdani in the attachment or his representatives" the plaintiff show merely judgment In the cause against T. but it must appear by the recofd that was the represen- lative of the defendant in the attachment.