Dudley v. Smith , 2 Ark. 365 ( 1840 )

Ringo, Chief Justice,

delivered the opinion of the court:

The petition literally follows the form prescribed by the statute; and the obligation therein set forth is a literal copy of that given as oyer: there is therefore no variance or misdescription of the writing' obligatory sued on, and according to the principle recognized and established by this court in the case of Webb vs. Prescott and Jones, decided at the present term, there is no necessity for any formal averment in the petition that the defendant sealed the instrument, or subscribed it by any particular name or description, where the whole instrument, including the signatures and'seal, is literally copied into the petition, because the statement in the petition that the plaintiff is the legal holder of a bond against the defendants to the following effect, is in such case equivalent to such averment. The judgment is therefore reversed.