Carrington v. Hamilton
Supreme Court of Arkansas
Error to Hempstead Circuit Court. The plaintiff below placed on the files a paper, purporting to be a declaration in debt. It was not signed by any attorney of the Court, nor by the plaintiff- in his proper p’erson. Upon the return of the writ, the defendants moved to strike the same from the rolls of the Court, upon the ground that it constituted no part of the record.
Read the full summary
Error to Hempstead Circuit Court. The plaintiff below placed on the files a paper, purporting to be a declaration in debt. It was not signed by any attorney of the Court, nor by the plaintiff- in his proper p’erson. Upon the return of the writ, the defendants moved to strike the same from the rolls of the Court, upon the ground that it constituted no part of the record. The motion was overruled, and leave asked and given to the attorney for the plaintiff to add his name to the declaration; and judgment was thereupon rendered against the plaintiffs in. error, by default. The 51st sec. of the…
1Opinion of the CourtDickinson, J.
The 51st section of the Revised Statutes, regulating the practice of the Circuit Courts, (627,) requires, that every declaration, statement, or other pleading, should be signed by the party filing the same, or by his attorney. The first section of the same act provides, that suits at law may be commenced in any Circuit Court of this State, by filing in the office of the Clerk of such Court, a declaration, petition, or statement in writing; and the second section declares, that no original writ shall be issued, until the declaration, petition, or statement shall be filed in the Clerk’s office.
T…
2Cited by1 opinion
- Coleman v. BercherSupreme Court of Arkansas · 1910