Hanner v. Bailey
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Hod. Myron D. Kent, Circuit Judge. It was error to strike out the amended complaint. Sillivant v. Reardon, 5 Ark., 140. The complaint was filed before the issuing of the summons. Pleadings up to ordinary standard before justice’s courts. The case should be remanded.
1Opinion of the Court
Harrison, J.:
This was an-action of replevin, commenced before-a justice of the peace, for 3115 pounds of seed cotton and twenty-three bushels of corn.
On applying for the order of delivery, the plaintiffs filed an • affidavit, in accordance with section 5035, Gantt’s Digest, in which the value of the property was stated to be $166.62. The affidavit contained a particular statement of their cause of action, and they filed no other.
The defendant, after the property had been replevied, gave bond, and the same was restored to him. A jury trial was had, and there was a verdict and judgment for the…
2Cases cited2 opinions
- Perkins v. SmithIndiana Supreme Court · 1837
- Minchrod v. WindoesIndiana Supreme Court · 1868
3Cited by8 opinions
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Burnham-Hanna-Munger Dry Goods Co. v. HillNew Mexico Supreme Court · 1912
- Johnson v. TaborMississippi Supreme Court · 1911
- Climer v. AylorSupreme Court of Arkansas · 1916
- Schattler v. HeismanSupreme Court of Arkansas · 1908
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