McDonald v. Louthen
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; The court erred in sustaining the demurrer to the complaint. The demurrer admits the facts stated herein for the purpose of passing upon the question raised. 94 Ark. 505; 94 Ark. 453-456. The complaint must be tested on the demurrer by its own allegations. 46 Ark. 537; 87 Ark. 418-423. Where one paragraph of a complaint states a cause of action on demurrer the whole complaint should be overruled. 72 Ark. 29; 32 Ark. 131.…
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; The court erred in sustaining the demurrer to the complaint. The demurrer admits the facts stated herein for the purpose of passing upon the question raised. 94 Ark. 505; 94 Ark. 453-456. The complaint must be tested on the demurrer by its own allegations. 46 Ark. 537; 87 Ark. 418-423. Where one paragraph of a complaint states a cause of action on demurrer the whole complaint should be overruled. 72 Ark. 29; 32 Ark. 131. In trover where the conversion of the property is shown, the right of action of the owner is complete. 29 Ark. 365-369.
1Opinion of the CourtSmith, J.
This appeal has been prosecuted to reverse the action of the court below in sustaining a demurrer to the following complaint:
“The plaintiff, Ben McDonald, for his cause of action against the defendants, V. D. Louthen, Catherine Louthen and R. E. Comstock, says: 1st. That on the 4th day of December, 1916, the defendants, V. D. Louthen and Catherine Louthen, did by a writ of attachment cause to be seized a large amount of the crops and personal property belonging to plaintiff and that on the 16th day of December, 1916, there was a trial had upon the issues therein mentioned, which was by a jury…
2Cases cited1 opinion
- Harrison v. FulkSupreme Court of Arkansas · 1917