Pirani v. Barden
Supreme Court of Arkansas
This was an action of replevin, determined in the Pulaski Circuit Court, in November, 1841, before the Hon. John J. Clendenin, one of the circuit judges.
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This was an action of replevin, determined in the Pulaski Circuit Court, in November, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Sarah Barden sued John Pirani in reple-vin in the detinel, for a pony, alleged to be of the value of $50. The declaration ran thus: “ For that the^ said defendant, heretofore, to wit: on the twenty-second day of February, in the year of our Lord one thousand eight hundred and forty-one, to wit: at Little Rock, in the county of Pulaski aforesaid, and within the jurisdiction of the Court aforesaid, detained a certain horse or pony of the said…
1Opinion of the Court
By the Court,
Paschal, J.
The only tenable objection raisedjby the assignment of errors, or by the argument of counsel, relate to the sufficiency of the declaration, and to the sheriff’s return.
These objections were once determined by the Court to be invalid. In a case of doubt, this Court would never reverse its own judgment, or change a decision which had been made after due consideration. But where this Court may have committed an oversight, either as to law or facts, justice requires that the error be corrected, while the record is within their control, even at the expense of their own…
2Cases cited10 opinions
- Marshall v. DavisNew York Supreme Court · 1828
- Allen v. CraryNew York Supreme Court · 1833
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- Lenox v. PikeSupreme Court of Arkansas · 1839
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