Mohr v. Sherman
Supreme Court of Arkansas
Error to Columbia Circuit Court. Hon. John T. Bearden, Circuit Judge. The plea in abatement was well pleaded, and should have been sustained. The defendant in error conceded this, in asking permission to amend. In Anthony v. Beebe, 2 Eng., 447, it was held that, after plea, the motion to amend the writ came too late.
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Error to Columbia Circuit Court. Hon. John T. Bearden, Circuit Judge. The plea in abatement was well pleaded, and should have been sustained. The defendant in error conceded this, in asking permission to amend. In Anthony v. Beebe, 2 Eng., 447, it was held that, after plea, the motion to amend the writ came too late. Since that case, it has been held that the court might permit the writ to be amended, on motion, at any time before judgment on the plea; hut all these amendments were to supply some omission, mistake or misprision of the clerk. No case has gone further. Amendments, ex vi…
1Opinion of the CourtClendenin, J.
This .is a writ of error to Columbia circuit court. The case is this: The plaintiff in the court below filed his declaration in debt, on a writing obligatory, in the name of “John Sherman, administrator, with the will annexed of John Franklin, deceased,” averring the promise to pay and the refusal to pay “to the plaintiff'.” A writ of summons was issued in due form, requiring the defendants to answer “ John Sherman, as administrator, with the will annexed of the estate of John Franklin, deceased.” Upon the return day of the writ, the defendants filed their plea in abatement, because of a…
2Cited by3 opinions
- Mooney v. TylerSupreme Court of Arkansas · 1900
- Rucker v. MartinSupreme Court of Arkansas · 1910
- La Grande v. Portland Public MarketOregon Supreme Court · 1911