Bank of the State v. Bailey , 4 Ark. 453 ( 1842 )

By the Court,

Dickinson, J.

We think the Court erred in sustaining the demurrer, for Martin may have adopted one of the other seals, and thereby made it his own. He does not deny the execution and sealing of the instrument; nor would he, under our statute, be permitted to do so, except by plea, supported by affidavit.

It is as well to remark, that the same objection lies to the writs in ¡this, as in many other cases decided by this Court. Several writs were issued to different counties, including, in each one, the names of all the defendants; and the objection was made by McPherson, one of the defendants, and overruled. But, as he is not a party to the case in this Court, his objection cannot be so considered as authorizing us to adjudicate as between him and the appellant.

Judgment reversed.