Geary v. Parker
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. The court erred in permitting the original answer of defendants to be read in evidence, because: (1) It had been displaced by the filing of an amended answer. 33 Ark. 253; 37 Cal. 154; 51 Cal. 222; 71 Cal. 126; 76 Cal. 340; 41 Fed. 172; 2 How. (Miss.) 824. (2) Because it was not signed or verified by the defendant himself. 2 A. K. Marshall (Ky.), 428, 828; S. C. 12 Am.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. The court erred in permitting the original answer of defendants to be read in evidence, because: (1) It had been displaced by the filing of an amended answer. 33 Ark. 253; 37 Cal. 154; 51 Cal. 222; 71 Cal. 126; 76 Cal. 340; 41 Fed. 172; 2 How. (Miss.) 824. (2) Because it was not signed or verified by the defendant himself. 2 A. K. Marshall (Ky.), 428, 828; S. C. 12 Am. Dec. 431; 133 U. S. 473; 135 Mass. 28; 62 U. S. 397; 115 U. S. 363; 54 Mass. 253; 95 Mass. 460. The court erred, also, in admitting parol evidence to establish a…
1Opinion of the Court
G. W. Williams, Special Judge.
On the 9th of November, 1889, the appellee, -Parker, leased lot No. 3 of block 58 of the city of Hot Springs to the appellant, John Geary, for a term of fifteen years, at an annual rental of $70, payable quarterly in advance, the appellant having the option at any time within the fifteen years of purchasing it for $1,100. An action of unlawful detainer was brought by the appellee, the complaint alleging that the appellant entered into possession and then so continued, but that he failed and refused to pay the rent which became due on the 9tb of November, 1890,…
2Cases cited11 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Shea v. Potrero & Bay View RailroadCalifornia Supreme Court · 1872
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Griffin & Adams v. HarrimanSupreme Court of Iowa · 1888
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3Cited by7 opinions
- Tiner v. StateSupreme Court of Arkansas · 1913
- Kellogg Co. v. HerringtonNebraska Supreme Court · 1984
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Wiseman, Comm. Revenues v. AffolterSupreme Court of Arkansas · 1936
- Sells v. BrewerSupreme Court of Arkansas · 1916
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