Fisher v. Collins

The writ of summons in this case was made returnable at a time other than that fixed by law. The defendant moved to quash and the plaintiff moved to ^imend. The motion to quash was overruled, and leave given the plaintiff to amend the writ, which was accordingly done, by inserting the proper return day, in lieu of that which had been improperly inserted, to which the defendant excepted, and saying nothing further, final judgment was rendered against him, and he appealed

In Mitchell v. Conley, 13 Ark., 314, the decision of the court below, jiermitting an amendment of the writ of summons, after…