McNutt v. McNutt
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant was granted a divorce from appellee on September 25, 1903, on the ground of indignities which rendered his condition intolerable. In the complaint for divorce appellant alleged concerning property as follows: “That finally about two years ago * * * a separation was agreed between them, and plaintiff turned over to her about $5,000 of property,- $3,600 of which was cash.
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant was granted a divorce from appellee on September 25, 1903, on the ground of indignities which rendered his condition intolerable. In the complaint for divorce appellant alleged concerning property as follows: “That finally about two years ago * * * a separation was agreed between them, and plaintiff turned over to her about $5,000 of property,- $3,600 of which was cash. That afterwards he acquired a place on State Tine in this (Miller) county, for which he paid $2,500, and it was conveyed to him.…
1Opinion of the Court
Wood, J.,
(after stating, the facts.) The court permitted the amendment to the complaint, after decree, to conform the pleadings to the undisputed proof in the cause. To present the issue as both sides have presented it in the testimony without objection by an amendment to the pleadings after verdict or judgment is not error. Section 6145, Kirby’s Digest; Hanks v. Harris, 29 Ark. 323; Healy v. Conner, 40 Ark. 352; Ry. Co. v. Triplett, 54 Ark. 289; Frizzell v. Duffer, 58 Ark. 612; Texarkana Gas & Electric Light Company v. Orr, 59 Ark. 215; Ry. Co. v. Dodd, 39 Ark. 317; Shattuck v. Byford, 62…
2Cases cited12 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Kinzey v. KinzeySupreme Court of Missouri · 1893
- Shattuck v. ByfordSupreme Court of Arkansas · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Hanson v. HodgesSupreme Court of Arkansas · 1913
- Shultz v. YoungSupreme Court of Arkansas · 1943
- St. Louis, Iron Mountain & Southern Railway Co. v. Kirtley & GulleySupreme Court of Arkansas · 1915
- McClure v. McClureSupreme Court of Arkansas · 1952
7 more not listed; retrieve them via the Exa API.