Legal Opinion

Thompson v. McHenry

Supreme Court of Arkansas

Decided January 15, 1857PublishedCited by 2 opinions

Appeal from the Circuit Court of Hempstead county. contended that the Court erred in sustaining the demurrer to the replication; because, the act of the Legislature changing the terms of the Circuit Court had not been published, at the time of issuing the writ, so as to affect the rights of the citizen. 1 Domats Civil Law, p. 112, secs. 9 and 16; p. 114, secs. 16 and 23. That the Court should always permit amendments in furtherance of justice, and not intended to hinder or…

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Appeal from the Circuit Court of Hempstead county. contended that the Court erred in sustaining the demurrer to the replication; because, the act of the Legislature changing the terms of the Circuit Court had not been published, at the time of issuing the writ, so as to affect the rights of the citizen. 1 Domats Civil Law, p. 112, secs. 9 and 16; p. 114, secs. 16 and 23. That the Court should always permit amendments in furtherance of justice, and not intended to hinder or delay. McLar-ren vs. Thurmon, 3 Eng. 313; Bizzell et al. vs. Stone & McDonald, lb. 478; Anthony vs. Humphries ad. use, 4…

1Opinion of the CourtJustice Scott

The appellant sued out an original attachment, against the appellee, in the Circuit Court of Hempstead county. The writ was in the usual form, commanding the sheriff to attach the goods and chattels, etc., of the defendant, and to summon him to appear “ on the 7th Monday after the 4th Monday of March, A. D. 1855,” and also commanding the sheriff to summon “all and every person in whose hands or possession any such goods and chattels, etc., to appear, etc., on the 7th Monday after the 4th Monday of March, A. D. 1855.”

The sheriff returned that he had executed the writ by personal service on…

2Cited by2 opinions

  1. Lowenstein v. GainesSupreme Court of Arkansas · 1897
  2. Taylor v. Magnolia Pipe Line Co.District Court, E.D. Arkansas · 1951

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