Strode v. Holland
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District ; W. B. Sorrels, Judge; STATEMENT oe eaots. On the 24th day of August 1920, O. J. Holland brought suit in replevin against H. A. Strode to recover possession of one 15 DC-180 Western Electric. Power and Light Outfit. Plaintiff also filed an affidavit for replevin, and in it alleged that he had a special ownership in said property by virtue of a lien in writing to secure the balance due on the purchase price.
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Appeal from Arkansas Circuit Court, Southern District ; W. B. Sorrels, Judge; STATEMENT oe eaots. On the 24th day of August 1920, O. J. Holland brought suit in replevin against H. A. Strode to recover possession of one 15 DC-180 Western Electric. Power and Light Outfit. Plaintiff also filed an affidavit for replevin, and in it alleged that he had a special ownership in said property by virtue of a lien in writing to secure the balance due on the purchase price. The defendant filed a demurrer to the complaint, which was sustained by the court. The defendant also filed an answer and motion to…
1Opinion of the CourtHart, J.
(after stating the facts). The original complaint stated that the plaintiff was the owner of the property, and his affidavit for replevin stated that he had a special ownership by virtue of a lien in writing. The defendant interposed a demurrer to the complaint which was sustained by the court. The plaintiff then filed an amended complaint in which he stated that he had a special ownership in the property by virtue of a lien in writing.
It is contended by counsel for the defendant that the amended complaint stated a new cause of action, or at least that the amended complaint was inconsistent…
2Cases cited8 opinions
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Baucum v. WatersSupreme Court of Arkansas · 1916
- Climer v. AylorSupreme Court of Arkansas · 1916
- Wm. R. Moore Dry Goods Co. v. FordSupreme Court of Arkansas · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howell v. MillerSupreme Court of Arkansas · 1927
- Passwater Chevrolet Company v. WhittenSupreme Court of Arkansas · 1928
- Parsley v. UsserySupreme Court of Arkansas · 1939
- Chapman v. ClaybrookSupreme Court of Arkansas · 1927
- White v. WhiteSupreme Court of Arkansas · 1939
3 more not listed; retrieve them via the Exa API.