McGuire v. Cook
Supreme Court of Arkansas
Appeal from Independence Circuit Court.- argued this case upon the demurrer to the pleas. contended that the amended declaration is defective, in not showing that the plaintiff ever had. actual possession of the premises. (.Digest, 538. .Pogue vs. Me-' Kee, 3 A. K. Marsh 127. Siewart vs. Wilcox, 1 A. K. Marsh 255. Childress vs. McGee, 1 Minor 131,) that it was necessary to file an affidavit with the amended declaration. Big., 536.
1Opinion of the CourtChief Justice Watkins
This was an action of unlawful detainer by the appellant, against the appellee. The declaration contained one count, alleging that the plaintiff on, &c., at, &c., was lawfully entitled to the possession of certain premises, and that the defendant unlawfully, and by force, and after demand made in writing for the possession thereof, detains the same, &c. The plaintiff’s affidavit was in conformity with the allegation of detainer. A demurrer being sustained to this declaration, the plaintiff filed an amended declaration containing seven counts, which was not verified by anew affidavit,…
2Cases cited14 opinions
- People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832
- Pope ex rel. Reed v. LathamSupreme Court of Arkansas · 1838
- McKeen v. NelmsSupreme Court of Alabama · 1846
- Hoffstetter v. BlattnerSupreme Court of Missouri · 1843
- Blount v. WinrightSupreme Court of Missouri · 1841
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