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16-19-704. Setoff on written instrument.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-704. Setoff on written instrument.
In the cases contemplated in §§ 16-19-702 and 16-19-703(b), if the defendant has previously filed a setoff, founded on a written instrument purporting to have been signed by the plaintiff, calling for a certain sum, and if the signature of such plaintiff is not denied under oath, the justice shall allow the setoff in the same manner as if the defendant had appeared and shall render judgment accordingly.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-704
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-19-704
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6102d6f98cf942c0b4e3768f6526b02ba8db8a865750238b5379abd62345c929
Source location: content.xml paragraph 11354
Stored source content
16-19-704. Setoff on written instrument.
In the cases contemplated in §§ 16-19-702 and 16-19-703(b), if the defendant has previously filed a setoff, founded on a written instrument purporting to have been signed by the plaintiff, calling for a certain sum, and if the signature of such plaintiff is not denied under oath, the justice shall allow the setoff in the same manner as if the defendant had appeared and shall render judgment accordingly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-702. Judgment on proof on defendant's nonappearance generally.
When the plaintiff's claim is not founded on a written instrument as described in § 16-19-703(a) and the defendant does not appear, the justice shall proceed to hear the allegations and proofs of the plaintiff, and shall render judgment thereon for the amount to which he shows himself entitled, not exceeding the amount claimed in the action.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-19-702. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-703. Actions founded on written instruments liquidating the claim of the plaintiff — Effect of failure of parties to appear.
(a) When the suit is founded on an instrument of writing purporting to have been executed by the defendant, in which the demand of the plaintiff is liquidated, and if the signature of the defendant is not denied under oath, and if the instrument has been filed with the justice of the peace previous to the day for appearance, he may proceed with the cause, whether the plaintiff appears or not. The instrument of writing shall be competent proof in the case.
(b) In the case provided for in subsection (a) of this section, if the defendant does not appear in obedience to the summons, judgment shall be rendered against him for the amount of the plaintiff's claim.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-19-703. This identifies an authority to review, not proof of applicability.