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Jacoway Vs. Denton

Jacoway vs Denton

Type Court Judgment Court US Supreme Court Decided 1872
~2 min read
https://sooperkanoon.com/case/82368

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Citation
Court
US Supreme Court
Decided On
Case Number
154 U.S. 583
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Jacoway

Respondent

Denton

Excerpt

jacoway v. denton - 154 u.s. 583 (1872) u.s. supreme court jacoway v. denton, 154 u.s. 583 (1872) jacoway v. denton no. 47 submitted november 14, 1871 decided april l, 1872 154 u.s. 583 error to the supreme court of the state on arkansas syllabus sevier v. haskell, 14 wall. 12, followed. the case is stated in the opinion. mr. justice swayne delivered the opinion of the court. this case is also before us upon a motion to dismiss the writ of error for want of jurisdiction. the defendant in error brought suit in the circuit court of yell county to the september term, 1866, upon the writing obligatory executed to him by william d. jacoway, deceased, on the 4th of october, 1860, for the sum of $4,500 payable one year from date, with interest at the rate of ten percent per annum from the maturity of the obligation until its payment. the administrator interposed three pleas: (1) that the consideration of the obligation was the purchase of slaves, and that they were all emancipated by the constitution of arkansas adopted in 1864. (2) that the slaves were emancipated by an amendment to the constitution of the united states, and that the consideration of the obligation thereby wholly failed. (3) that the contract was originally null and void. the plaintiff demurred. the court sustained the demurrers and gave judgment against the defendant for the amount claimed in page 154 u. s. 584 the declaration. the defendant appealed to the supreme court of the state, and that court affirmed the judgment. after what we have said in sevier v. haskell, 14 wall. 12, just decided, it is sufficient to remark that the record discloses no question cognizable by this court. the writ of error is therefore dismissed.

Full Judgment

Jacoway v. Denton - 154 U.S. 583 (1872)
U.S. Supreme Court Jacoway v. Denton, 154 U.S. 583 (1872)

Jacoway v. Denton

No. 47

Submitted November 14, 1871

Decided April l, 1872

154 U.S. 583

ERROR TO THE SUPREME COURT

OF THE STATE ON ARKANSAS

SYLLABUS

Sevier v. Haskell, 14 Wall. 12, followed.

The case is stated in the opinion.

MR. JUSTICE SWAYNE delivered the opinion of the Court.

This case is also before us upon a motion to dismiss the writ of error for want of jurisdiction.

The defendant in error brought suit in the Circuit Court of Yell County to the September term, 1866, upon the writing obligatory executed to him by William D. Jacoway, deceased, on the 4th of October, 1860, for the sum of $4,500 payable one year from date, with interest at the rate of ten percent per annum from the maturity of the obligation until its payment. The administrator interposed three pleas:

(1) That the consideration of the obligation was the purchase of slaves, and that they were all emancipated by the Constitution of Arkansas adopted in 1864.

(2) That the slaves were emancipated by an amendment to the Constitution of the United States, and that the consideration of the obligation thereby wholly failed.

(3) That the contract was originally null and void.

The plaintiff demurred. The court sustained the demurrers and gave judgment against the defendant for the amount claimed in

Page 154 U. S. 584

the declaration. The defendant appealed to the supreme court of the state, and that court affirmed the judgment.

After what we have said in Sevier v. Haskell, 14 Wall. 12, just decided, it is sufficient to remark that the record discloses no question cognizable by this Court.

The writ of error is therefore dismissed.

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