22 Ark.] OF THE STATE OF ARKANSAS. 361 TERM : 1860.] M. 0. & R. R. R. R. Co. vs. Gaster. M. 0. & R. R. R. R. Co. ITS. GASTER. The rules settled in M. 0. & R. R. R. R. Co. vs. Caster, 20 Ark. 4551, adhered to. Error to the Circuit Court of Drew County. Hon. JOHN- C. MURRAY, Circuit Judge. HARRISON, for the plaintiff. Mr. Chief Justice EN-GLisx delivered the opinion of the court. This was assurnpsit by the Mississippi, .0uachita & Red River Rail Road Company, against William Gaster, for the recovery of assessments made by the Company upon shares of its capital stock taken by Gaster. The court sustained a demurrer to the declaration, and the plaintiff brought error. The objections taken in the demurrer to the first count in the declaration are fully answered in the case of M. 0. & R. R. R. Co. vs. Caster, 20 Arks. 455. In the second count notice of the assessment was not sufficiently averred, according to the rule settled in that case. The notice alleged was general and not specific. The judgment must be reversed, and the cause remanded, with ins t ruetions to the court below to overjule the demurrer to the first count in the declaration..
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