Shinn v. Tucker
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. W. D. Jacoway, Circuit Judge. 1. Pleadings under the Code must be verified ; Gantt’s Pig., sea. 4591; excepting immaterial and other amendments •named, may not be. Ib., 4624. A rule asked was refused, requiringdefendantto verify, not an amendment to an answer, but an amended answer, filed in Circuit Court after appeal taken from Justices’ Court.
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APPEAL from Pope Circuit Court. Hon. W. D. Jacoway, Circuit Judge. 1. Pleadings under the Code must be verified ; Gantt’s Pig., sea. 4591; excepting immaterial and other amendments •named, may not be. Ib., 4624. A rule asked was refused, requiringdefendantto verify, not an amendment to an answer, but an amended answer, filed in Circuit Court after appeal taken from Justices’ Court. Must not parties now, as before Code pleadings were adopted, if they elect to plead in writing, be governed by the rules of pleading when in Circuit Court? Penningtons. Gibbons, 1 Png., 447. 2. The verdict of the…
1Opinion of the CourtEakin, J.
Upon the remand of this cause to the Circuit •Court, under the opinion in 33 Ark., 421, it was there tried by a jury upon the issue of payment alone, in which trial the verdict was for the defendant. After motion for a new trial, overruled, the plaintiff again appealed.
rTn9^^™| courtf'1- 3 After the remand, the plaintiff moved fora rule •defendant to verify his amended answer. This answer before this court on the former appeal, and treated as good. Any objection to it was closed by the decision then rendered, It is still insisted upon by counsel in argument, and, as it was passed sub silentio…
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