Geary v. Parker
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. The court erred in permitting the original answer of defendants to be read in evidence, because: (1) It had been displaced by the filing of an amended answer. 33 Ark. 253; 37 Cal. 154; 51 Cal. 222; 71 Cal. 126; 76 Cal. 340; 41 Fed. 172; 2 How. (Miss.) 824. (2) Because it was not signed or verified by the defendant himself. 2 A. K. Marshall (Ky.), 428, 828; S. C. 12 Am.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. The court erred in permitting the original answer of defendants to be read in evidence, because: (1) It had been displaced by the filing of an amended answer. 33 Ark. 253; 37 Cal. 154; 51 Cal. 222; 71 Cal. 126; 76 Cal. 340; 41 Fed. 172; 2 How. (Miss.) 824. (2) Because it was not signed or verified by the defendant himself. 2 A. K. Marshall (Ky.), 428, 828; S. C. 12 Am. Dec. 431; 133 U. S. 473; 135 Mass. 28; 62 U. S. 397; 115 U. S. 363; 54 Mass. 253; 95 Mass. 460. The court erred, also, in admitting parol evidence to establish a…
1Dissent
Battle, J.,
(dissenting.) Under the statutes of this state, a landlord has the right to dispossess a tenant, when he is guilty of an unlawful detainer, by bringing an action against him for the recovery of the land demised. What is an unlawful detainer? The statute in force at the commencement of this action, so far as it is applicable to this case, is as follows: “When any person shall wilfully and with force hold over any lands, tenements or other possessions after the determination of the time for which they were demised or let to him, * * * or shall fail or refuse to pay the rent therefor…
2Cases cited7 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Wilson v. ThompsonSupreme Court of Arkansas · 1892
- State v. McBrideSupreme Court of Alabama · 1884
- Spooner v. FrenchSupreme Court of Minnesota · 1875
- Memphis & Little Rook Ry. v. AdamsSupreme Court of Arkansas · 1885
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