McNeill v. Arnold
Supreme Court of Arkansas
Appeal from Dallas Circuit Court. Hon. TiieodobiC F. Sobeells, Circuit Judge. A demand was necessary before tbe institution of this suit, and the court clearly erred in refusing the instruction upon this point. 2 Creenlecuf, chap, on Trover, page 532 ; Beebe vs. DeBawn, 3 Eng.
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Appeal from Dallas Circuit Court. Hon. TiieodobiC F. Sobeells, Circuit Judge. A demand was necessary before tbe institution of this suit, and the court clearly erred in refusing the instruction upon this point. 2 Creenlecuf, chap, on Trover, page 532 ; Beebe vs. DeBawn, 3 Eng. The ease of Prater and wife vs. Frazier and wife, 6 Encj. 249, does not overrule the case of Beebe vs. DeBawn, nor is there any inconsistency between the two ; because, in the former case, the defendant had acknowledged the plaintiff’s title, and yet made a sale of the property, which was an act of conversion. In this…
1Opinion of the CourtChief Justice English
A preliminary question is to be settled in this case.
The case was brought here, on appeal, at Jannary Term, 1855, and after it was docketed and before j oinder in error, the counsel of the appellees obtained a continuance, for the purpose of procuring an amendment of the record in the court below, and bringing np a transcript thereof by eertiorari. At the July Term following, having, in the meantime, procured the amendment be-lojv, they moved for a eertiorari in order to perfect the record here. Thereupon, a transcript of the amendment was filed, with an agreement of the counsel of the…
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