Ferguson v. Carr
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in permitting the complaint to be amended so as to state a cause of action accruing after t'he commencement of the suit. 1 Cyc. 744; 14 Ark. 427; 24 Ala. 130; 60 Am. Dec. 453; 1 Am. Cent. Dig. col. 1493, § 735. 2. The heirs cannot sue.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in permitting the complaint to be amended so as to state a cause of action accruing after t'he commencement of the suit. 1 Cyc. 744; 14 Ark. 427; 24 Ala. 130; 60 Am. Dec. 453; 1 Am. Cent. Dig. col. 1493, § 735. 2. The heirs cannot sue. The act of March 13, 1899 (Acts 1899, p. 49), Kirby’s Digest, § § 46, 53, was passed pursuant to the court’s suggestion in Brice v. Taylor, 51 Ark. 75, and provides an expeditious and simple method of procedure, and operates as a repeal of section 215, Kirby’s Digest. 1. The order…
1Opinion
On Rehearing.
Opinion delivered February 17, 1908.
McCueroch, J.
The objection that an action has been brought prematurely is waived by failure to object at the proper time. Johnson v. Meyer, 54 Ark. 442; Hickey v. Thompson, 52 Ark. 234. It has also been held that the bringing in of a new cause of action which accrued after the commencement of suit is waived by filing of an answer which does not raise that question as a defense. Choctaw, O. & G. Rd. Co. v. Hickey, 81 Ark. 579; Thompson v. Brazile, 65 Ark. 495; Wood v. Wood, 59 Ark. 446. In Wood v. Wood, supra, the court said: “The filing of the…
2Cases cited9 opinions
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- Hickey v. ThompsonSupreme Court of Arkansas · 1889
- Crawford v. FosterCourt of Appeals for the Seventh Circuit · 1898
- Thompson v. BrazileSupreme Court of Arkansas · 1898
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