Schiele v. Dillard
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Bvcms, Judge; STATEMENT BY THE COURT. This case comes to this court upon an appeal taken from a'judgment of the Garland Circuit Court, overruling a. motion filed by appellant asking the said court to modify an order and judgment which it had previously made distributing a fund which had been paid into the said court by the North State Fire Insurance Company, which had been garnished for money in its hands belonging to A. J. Dillard;…
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Appeal from Garland Circuit Court; W. H. Bvcms, Judge; STATEMENT BY THE COURT. This case comes to this court upon an appeal taken from a'judgment of the Garland Circuit Court, overruling a. motion filed by appellant asking the said court to modify an order and judgment which it had previously made distributing a fund which had been paid into the said court by the North State Fire Insurance Company, which had been garnished for money in its hands belonging to A. J. Dillard; said fund having been paid into the said court by order of the court in the case of Klein Bros. v. A. J. Dillard. The…
1Opinion of the Court
Wood, J.,
(after stating the facts). The -appellants sought by amendment to their complaint to substitute new parties defendant. This could not be done. While the court may in its discretion allow additional parties plaintiff or defendant to be added or struck out, it can not make an entire change of parties plaintiff -or defendant. That would be tantamount to a new suit between entirely different parties. State v. Rottaken, 34 Ark. 144; 3 Estee’s Pleading, § 4487.
Appellants’ suit therefore against the partnership of Dillard & Kilgore Company must date from the day the so-called amended…
2Cases cited2 opinions
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
- State v. TuckerWest Virginia Supreme Court · 1903
3Cited by24 opinions
- Duncan v. Smith Brothers Grain Co.Texas Supreme Court · 1924
- Davis v. ChrispSupreme Court of Arkansas · 1923
- Thompson v. Bank of AmericaSupreme Court of Arkansas · 2004
- Missouri Pacific R.R. Co. v. McLendonSupreme Court of Arkansas · 1932
- Trahan v. RobertsCourt of Appeals of Texas · 1932
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