Atkinson v. Cox
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. John M. Elliott, Judge. 1. The court erred in refusing to allow plaintiff to amend his complaint. Mansf.
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APPEAL from Jefferson Circuit Court. John M. Elliott, Judge. 1. The court erred in refusing to allow plaintiff to amend his complaint. Mansf. Dig., secs. 5075 to 5084, and notes; 42 Ark., 57; 30 Ark., 396. 2. The act of 1885 gave appellant a lien for supplies advanced, and appellee is estopped to deny the right of appellant, his landlord, to enforce his lien. 2 Herm. on Estoppel, pp. 859, 872, 1125; McAdam on Land and Ten., pp. 423-5; 11 S. W. Rep., 73S; 47 Ark., 269; 52 Ala., 155; Beach on Receivers, p. 695 ; 106 U. S., 468 ; Sedg. St. & Const. Constr., p. 73; Acts 1885, p. 225. I. The court…
1Opinion of the CourtHemingway, J.
The plaintiff brought action to recover a balance claimed to be due him on a note given for rent of a farm, and sued out an attachment in pursuance of the provision of the statute relating to landlord’s liens. The defendant answered, admitting the execution of the note and alleging that it had been paid.
1. Amendtion of issue, The .cause regularly came on for trial, and, after a jury had been empaneled to try it, the cause had been stated, and the witnesses had been sworn, the plaintiff asked leave to file an amended complaint, alleging that the amount claimed was due for balance of rent and…
2Cited by2 opinions
- Rucker v. MartinSupreme Court of Arkansas · 1910
- Harrison v. First National BankSupreme Court of Arkansas · 1915