Harrell v. Tenant, Walker & Co.
Supreme Court of Arkansas
APPEAL from Madison Circuit Court. Hon. James. H. Berry, Special Judge. Every action must be in name of the real' party in interest. Code, sec. 25; Initials not sufficiently specific. As to answer No. 3, see Williams et ais., v. Perkins, 21 Ark., 18.
1Opinion of the Court
English, Ch. J.:
Tenant, Walker & Co. sued Elias Harrell on a note, before a justice of the peace, and the case was taken by appeal, after judgment, to the Circuit Court of Madison county.
In the Circuit Court, the plaintiff filed an amended complaint, which the defendant moved to set aside, because the initial letters of the Christian names of the plaintiffs only were given, and not their full names, and because no profert was made of the note sued on, etc., and because there was a variance between the note- and the complaint.
The court overruled the motion to set aside the amended complaint,…
2Cited by8 opinions
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Linton v. Chestnutt-Gibbons Grocer Co.Supreme Court of Oklahoma · 1911
- Hudson-Houston Lbr. Co. v. First State BankSupreme Court of Oklahoma · 1928
- First National Bank v. LamontNorth Dakota Supreme Court · 1896
- Chandler v. FurlowSupreme Court of Arkansas · 1946
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