St. Louis, Iron Mountain & Southern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The amendment should have been stricken out, or, if permitted to stand, appellant should have been granted a continuance. The suit, as brought, evidently was intended to cover the first clause of § 6681, Kirby’s Digest, and on this issue there would have been a failure of proof which would entitle the defendant to a verdict. The amendment substantially changed the nature of the case.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The amendment should have been stricken out, or, if permitted to stand, appellant should have been granted a continuance. The suit, as brought, evidently was intended to cover the first clause of § 6681, Kirby’s Digest, and on this issue there would have been a failure of proof which would entitle the defendant to a verdict. The amendment substantially changed the nature of the case. Refusal to strike it out or to give defendant a reasonable time to answer was an abuse of discretion. 71 Ark. 197; 67 Ark. 142. 2. The order of the…
1Opinion of the CourtBattue, J.
Garner Fraser, prosecuting attorney for the 14th Judicial Circuit of Arkansas, of which Marion County is a part, on behalf of the State for the use of Marion County, filed a complaint, in which he alleged, substantially, as follows: “The defendant (St. Louis, Iron Mountain & Southern Railway Company) is the owner of a line of railroad through Marion County, Arkansas. That the defendant, in constructing its line of railroad through Marion County, Arkansas, constructed the same across a certain public road leading from Yellville and intersecting what is known as the Fallen Ash road at a point…
2Cited by2 opinions
- Kenney v. StreeterSupreme Court of Arkansas · 1908
- Smallwood v. Ellis Gin Co.Court of Appeals of Arkansas · 1983