Neely v. Bank of the State ( 1842 )

By the Court,

Dickinson, J.

The objections taken to the issuing the writ to a county different from the one in which the suit was brought, and the rate of interest, have both been expressly ruled, by this court, against the plaintiffs in error. The question, as to the right to sue on a writing obligatory, cannot properly come before the court, in this case, as decided in the case of McFarland and others vs. The Bank of the State of Arkansas, at the last January term of this court. The party having failed to raise it by a proper plea, and there being one state of case, in which the bank has unquestionable authority to take writings obligatory, and as the inference is in favor of the court below, the judgment must be affirmed.