Rushing v. Horner
Supreme Court of Arkansas
Appeal from G-arland Chancery Court; J. P. Henderson, Chancellor; The court erred in permitting the appellees to file a disclaimer after the cause had been reversed and remanded on the first appeal with directions for further proof as to rents, etc. 73 Ark. 513. It was too late to file the disclaimer. 76 Ark. 423; 79 Id. 185-193. There was no.leave to amend the pleadings.
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Appeal from G-arland Chancery Court; J. P. Henderson, Chancellor; The court erred in permitting the appellees to file a disclaimer after the cause had been reversed and remanded on the first appeal with directions for further proof as to rents, etc. 73 Ark. 513. It was too late to file the disclaimer. 76 Ark. 423; 79 Id. 185-193. There was no.leave to amend the pleadings. Only leave to take further proof was given. 82 Ark. 51; 89 Id. 450; 94 Id. 329-332. See also 13 Ark. 253-6; 56 Id. 170; 57 Id. 500; 63 Id. 141; 60 Id. 50; 72 Id. 446-450; 128 Id. 76; 6 Enc. PL & Pr. 721; 44 N. J. Eq. 61;…
1Opinion of the Court
WOOD, J.,
(after ¡stating the facts). The only-question presented by the appellant on this appeal is that the court erred in permitting appellees, John Hornier, Louise Horner and Zena Horner to file a disclaimer after the cause was remanded under the directions contained in the mandate of this court. They say that the directions given “were in effect for the court to ascertain the amount of money that should be decreed to plaintiffs, if any, upon an adjustment of the rights of the parties as to the rent and betterments and for that purpose to permit further proof to be taken by either party.”
We…
2Cases cited1 opinion
- Schofield v. RankinSupreme Court of Arkansas · 1908
3Cited by5 opinions
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- McGuigan v. RixSupreme Court of Arkansas · 1919
- New England Securities Co. v. AfflickSupreme Court of Arkansas · 1927
- S. B. Locke & Co. v. ForresterSupreme Court of Arkansas · 1923
- Shaver v. SpannCourt of Appeals of Arkansas · 1991