Alexander v. Vaughan
Supreme Court of Arkansas
Appeal from Independence Circuit Court; R. E. Jeffery, Judge; Appellant’s motion for an instructed verdict should have been sustained because there is a fatal variance between the description given in appellee’s affidavit and the writ and the description of the hog as shown in the proof.
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Appeal from Independence Circuit Court; R. E. Jeffery, Judge; Appellant’s motion for an instructed verdict should have been sustained because there is a fatal variance between the description given in appellee’s affidavit and the writ and the description of the hog as shown in the proof. Kirby’s Dig. § § 7886, 7887; 37 Ark. 55; Kirby’s Dig. § 6854; 44 Ark. 308; 16 Ark. 90; Wells on Replevin, 461, § 171; Id. 155, § 173. The variance between the age of the animal alleged and the proof is fatal. Wells on Replevin, § 173, and notes; 7 Ark. 372; Thompson on Trial, § 1028; Kirby’s Dig. § 6142.…
1Opinion of the CourtMcCulloch, C. J.
This is a replevin suit instituted before a justice of the peace of Independence County for the recovery of possession of a hog described in the affidavit and order of delivery as á “black barrow hog about ten months old, and marked with a crop in the right ear and a crop and an under-bit in the left ear.” The plaintiff recovered judgment for possession of the hog in the trial before the justice of the peace and also in the trial in the circuit court on appeal, and the defendant has appealed to this court.
There is considerable conflict in the testimony as to the ownership of the hog in…
2Cases cited6 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Peters v. StateSupreme Court of Arkansas · 1912
- Anderson v. StateSupreme Court of Arkansas · 1879
- Hawes v. RobinsonSupreme Court of Arkansas · 1884
- Hanner v. BaileySupreme Court of Arkansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- St. Louis Southwestern Railway Co. v. ComptonSupreme Court of Arkansas · 1918
- Youngblood v. StateSupreme Court of Arkansas · 1923