University of Arkansas at Little Rock Law Review Volume 5 Issue 3 Article 3 1982 An Early Opinion of an Arkansas Trial Court Morris S. Arnold Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Courts Commons, and the Legal History Commons Recommended Citation Morris S. Arnold, An Early Opinion of an Arkansas Trial Court, 5 U. ARK. LITTLE ROCK L. REV. 397 (1982). Available at: https://lawrepository.ualr.edu/lawreview/vol5/iss3/3 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact
[email protected]. AN EARLY OPINION OF AN ARKANSAS TRIAL COURT Morris S. Arnold* The opinion printed below merits notice because it is appar- ently the oldest surviving opinion of an Arkansas trial judge.' It was delivered in 1824 in a suit in equity, evidently an accounting between partners, which was brought by James Hamilton against William Montgomery in 1823. Relatively little can be discovered about the plaintiff James Hamilton. He was a merchant in Arkansas Post at least as early as November of 1821 when he moved into the "[s]tore lately occupied by Messrs. Johnston [and] Armstrong."2 Montgomery, on the other hand, is quite a well-known character. From 1819 until 1821 he op- erated a tavern at the Post which was an important gathering place:' A muster of the territorial militia was held there on November 25, 1820,4 and the village trustees were elected there in January of the following year.' Moreover, the first regular legislative assembly for the Territory of Arkansas met in February of 1820 in two rooms furnished by Montgomery, perhaps at his tavern.