Brown's Administrators v. Hill & Co.
Supreme Court of Arkansas
This was an action of debt, determined in the Pulaski Circuit Court, in Sepetmber, 1841, before the Hon. John J. Clendenin, one of the circuit judges.
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This was an action of debt, determined in the Pulaski Circuit Court, in Sepetmber, 1841, before the Hon. John J. Clendenin, one of the circuit judges. Hill, Keatts & Boyle, as partners, sued John P. Brown, on a bond, dated Peb. 15, 1836, due Nov. 1,1836, for $600 08, with interest from 15th Aug., 1836. The original summons issued on the 24th of March, 1841, and was returned with an endorsement that it was served on the 24th of September, 1841. Judgment by default, Sept. 24,1841, for $247 08, residue of debt, $51 damages, and all the costs in the suit expended. Brown brought error, and…
1Opinion of the Court
By the Court,
Ringo, C. J.
The plaintiffs in error question the authority of the Circuit Court to admit the amendment, and insist that this Court is bound by law to disregard it, and adjudicate upon the record, as it stood prior to the amendment; and this constitutes the first question for our consideration and decision.
No authorities have been cited in relation to this question, by either party; nor are we aware of the existence of any adjudged case precisely like it in every circumstance. But, according to the modern practice, both in England and the United States, the rigor of the rules…
2Cited by1 opinion
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