Coleman v. Bercher
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The Code of Practice enjoins upon the- courts the duty of allowing amendments to pleadings.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The Code of Practice enjoins upon the- courts the duty of allowing amendments to pleadings. Kirby’s Dig., § § 6145-6148. Under a statute like ours the court may permit the petition to be signed at the return term. 7 Mo. 187. The failure to sign the petition cannot be regarded as a matter of substance, and therefore does not render the judgment void. 131 Mo. 258; 33 S. W. 6. When a motion is filed to permit the party or his attorney to sign the pleadings, it takes precedence over a motion to reject the pleading for…
1Opinion of the CourtHart, J.
Fannie Coleman brought an action of unlawful detainer in the Sebastian Circuit Court, Fort Smith District, against Leo Bercher. The statutory notice was given, and the complaint, affidavit and bond contemplated by section 3634 of Kirby’s Digest were filed by plaintiff.
The complaint was not signed, but the affidavit referred to was attached to. it, and was signed and sworn to by Edwin Hiner.
The defendant did not file an answer, but made a motion to strike the alleged complaint from the files of the court because it was not signed by the plaintiff, or by any one else in her behalf; and because…
2Cases cited3 opinions
- Burke v. SnellSupreme Court of Arkansas · 1883
- McLeran v. MorganSupreme Court of Arkansas · 1871
- Carrington v. HamiltonSupreme Court of Arkansas · 1841
3Cited by6 opinions
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1921
- Foster-Holcomb Investment Co. v. Little Rook Publishing Co.Supreme Court of Arkansas · 1922
- Parker v. NixonSupreme Court of Arkansas · 1932
- Gottfried v. JohnsonSupreme Court of Arkansas · 1942
- State v. Midland Valley R.R. CompanySupreme Court of Arkansas · 1938
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