Fort Smith Automobile & Supply Co. v. Nedry
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The court erred in permitting the substitution of the pleadings in this case without a compliance with the statutes requiring notice, verification and filing of petition therefor thirty-days previous to the term.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The court erred in permitting the substitution of the pleadings in this case without a compliance with the statutes requiring notice, verification and filing of petition therefor thirty-days previous to the term. Kirby’s Dig. •§ § 6504, 6506, 6508. Even where there is no statutory provision for the substitution of lost or destroyed instruments, proceedings therefor must be instituted by motion or application to the court upon notice to the adverse party. 25 Ala. 551; 13 Fla. 574. And where there is statutory…
1Opinion of the CourtMcCulloch, C. J.
The plaintiffs, John B. Nedry and Annie Nedry, instituted separate actions against defendant, Fort Smith Automobile & Supply Company, to recover damages on account of alleged negligence of defendant’s agent and servant in operating an automobile along the streets of Fort Smith, which, on account of said alleged negligence, collided with a buggy owned by the first-named plaintiff and in which the last-named plaintiff was riding. John B. Nedry claimed damages in the sum of $50.00 on account of injury to the buggy and harness, and the other plaintiff, Annie Nedry, claimed damages on account of…
2Cases cited3 opinions
- Gammon v. KnudsonSupreme Court of Iowa · 1877
- Bullock v. CommonwealthCourt of Appeals of Kentucky · 1895
- Bowman v. McLaughlinMississippi Supreme Court · 1871
3Cited by3 opinions
- Chicago Title & Trust Co. v. Hagler Special School District No. 27Supreme Court of Arkansas · 1928
- Cochran v. StateSupreme Court of Arkansas · 1925
- Spadra Creek Coal Co. v. Eureka Anthracite Coal Co.Supreme Court of Arkansas · 1912