Breining v. Lippincott
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in not treating the demurrer to the reply and first amendment thereto as a motion to strike, and in not striking the reply from the pleadings, as it was an improper pleading.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in not treating the demurrer to the reply and first amendment thereto as a motion to strike, and in not striking the reply from the pleadings, as it was an improper pleading. Kirby’s Digest, § 6108. The character of a pleading is to be determined from its allegations and not its name. 54 Ark. 468; 58 Id. 136; 74 Id. 101; 99 Id. 377. The answer contained no set-off. nor counter-claim — a reply was not permissible. Improper pleadings should not be allowed. 44 Ark. 292; 33 Id. 56, 593; 60 Fed. 252; 98…
1Opinion of the CourtHumphreys, J.
Appellant brought suit against appellee in the Third Division of the Pulaski Circuit Court on January 25, on account of the alleged seduction of Mae Breining by appellee on or about the 1st day of April, 1913. Upon former appeal to this court, it was held that the complaint stated a cause of action for personal injury sounding in tort, and hence was not barred by the one year’s statute of limitations. The case was reversed and remanded .with instructions to the circuit court to overrule the demurrer and proceed with the cause.
Appellee answered, denying the allegations of the complaint, and,…
2Cases cited6 opinions
- Abbott v. RowanSupreme Court of Arkansas · 1878
- A. L. Clark Lumber Co. v. JohnsSupreme Court of Arkansas · 1911
- Lusk v. Perkins & GeorgeSupreme Court of Arkansas · 1886
- Prioleau v. WilliamsSupreme Court of Arkansas · 1912
- Cannon v. DaviesSupreme Court of Arkansas · 1878
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