DEDICATION.

ΤΟ

WILLIAM BYERS, ESQ.,

OF BATESVILLE, ARK.,

THIS VOLUME OF REPORTS IS RESPECTFULLY DEDICATED, AS AN HUMBLE TESTIMONIAL
OF THE REPORTER'S HIGH REGARD FOR HIS ABILITY AND LEARNING AS A LAWYER,
HIS MANY SOCIAL VIRTUES, AND ESPECIALLY AS A MANIFESTATION OF GRATITUDE FOR
REPEATED ACTS OF KINDNESS AND FRIENDSHIP.
Little Rock, Nov. 25, 1853.

E. H. ENGLISH.

Rec. Mar. 1 1856

PREFACE.

The 8th volume of my Reports is now presented to the Bench, the Bar, and the Country, entitled ARKANSAS REPORTS, VOL. 13, my able and most worthy predecessor, ALBERT PIKE, Esq., having published five volumes.

When first appointed Reporter, it being the universal custom in England, and the prevailing custom in the United States, for Reports to take the name of the Reporter, and the Legislature having made no provision on the subject, I thought proper, with the approbation of the Judges then upon the Supreme Bench, to follow the general usage, and therefore adopted the style, English's Reports, for my volumes. The present Judges having suggested the propriety of a permanent style, for the sake of uniformity, through all coming time, regardless of changes in the office of Reporter, I have cheerfully yielded, and adopted the style preferred by them.

It may be observed that I have made no statement of facts in a majority of cases contained in this volume. Where the Judges have made no statement, I have stated the facts. Where they have made statements, I have taken it for granted that they have stated all the facts necessary to a proper understanding of the points decided, and added nothing. This course will be pursued in future volumes. Respectfully, &c.,

Little Rock, November 25, 1853.

E. H. ENGLISH.

DURING THE TIME OF THESE DECISIONS.

Hon. GEORGE C. WATKINS, Chief Justice.

Hon. CHRISTOPHER C. SCOTT, Associate Justices.
Hon. DAVID WALKER,

(a)Succeeded by Hon. FELIX J. BATSON, August, 1853.

Upon the Roll of the Supreme Court of Arkansas, and their places of Residence.

Bank of the State v. Conway,

C.

61 Calvert, use, &c., Bingham et al. v.
12 Cameron v. The State,

399

712

392 Campbell et al. v. Campbell et al.,
28 Capers, Smith v.

513

9

409 Chism, Hooper et al. v.

496

653 Clark v. Strong, ad.,

491

262 Clements ad., Knott et al. v.

335

Cocks v. State Bank,

592

Collier v. The State,

676

Conly, Mitchell v.

414

344

631 Conway, Bank of the State v.
592 Conway B. et al. v. State Bank,
Cotheal et al. v. Biscoe et al.,

334

48

591

448

183

225

276

269 Crow v. Dallas County,
Cunningham v. Ashley et al.,

625

653

Bank of the State, Conway B. et al. v. 48 Cook, McGuire v.

Bank of the State v. Eden,
Bank of the State v. Gray et al.,
Bank of the State, King & Houston v.
Bank of the State, Maddin, ad. v.
Bank of the State, Maddin, ad. v.
Bank of the State v. Marsh et al.,
Bank of the State, Mitchell v.
Bank of the State v. Morris,
Bank of the State v. Noland,
Bank of the State v. Robinson et al.,
Bank of the State v. Simpson et al.,
Bank of the State v. Steen et al,
Bank of the State v. Strong et al.,
Bank of the State v. Terry et al.,
Barkman, Bertrand et al. v.
Barkman (Wm) v. State,
Barkman (Jas.) v. State,
Bennett et al v. Owen et al.,
Bennett v. State,

Bertrand et al. v. Barkman,