Hershy v. Baer
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. Hon. R. B. Rutherford, Circuit Judge. The court erred in not permitting Hershy to file a bill of exceptions setting out the oral evidence, so that the case might be properly presented to this court. He did not file it before, for the decree was such as not to require it, and when plaintiff was- permitted to amend his decree, so as to render one necessary, the defendant ought to have been permitted to file one.
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APPEAL from Sebastian Circuit Court in Chancery. Hon. R. B. Rutherford, Circuit Judge. The court erred in not permitting Hershy to file a bill of exceptions setting out the oral evidence, so that the case might be properly presented to this court. He did not file it before, for the decree was such as not to require it, and when plaintiff was- permitted to amend his decree, so as to render one necessary, the defendant ought to have been permitted to file one. Argue upon the merits that the complaint was fatally defective, and the demurrer to it should have been sustained. Baer had no papet…
1Opinion of the CourtCockrill, C. J.
The appellee sued the appellant to remove a cloud from the title of real estate in Fort Smith, and on the 6th of February, 1884, a decree was entered in his favor in accordance with the prayer of the complaint. From this decree the clerk of this court granted an appeal in May, of the same year. Pending the appeal the circuit court, where the decree was rendered, caused the record to be amended so as to recite that the cause had been heard on oral as well as written evidence. This was done by an appropriate nunc pro time order. The appellant by attorney opposed the granting of the motion to…
2Cited by16 opinions
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- Melton v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Hardie v. BissellSupreme Court of Arkansas · 1906
- White v. SmithSupreme Court of Arkansas · 1897
- Dierks Lumber & Coal Co. v. CunninghamSupreme Court of Arkansas · 1907
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