Hamilton & Co. v. Duty
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Hon. R. C. Young, Circuit Judge. Hamilton & Co. proper parties. Gantt’s Digest, sees. 4476, 4482. Appeal should not have been dismissed, lb. 3823, 3824, 3837 ; 26 Ark., 315 ; 30 ib., 560. Their answer raised issue of ownership. Gantt’s Digest, sec. 379; 30 Ark., 560. Plaintiff must recover'on his own title. 22 Ark., 396; 25 ib., 11; 29 ib., 270. Objections to pleadings taken too late in circuit court. 30 Ark., 560.
1Opinion of the CourtEnglish, C. J.
On the nineteenth of December, 1878, R B. and H. C. Duty brought an action of replevin against George "W. Cheatham, for three bales of cotton before a justice of the peace of Lafayette county.
In an affidavit filed by the plaintiffs, they describe the three bales of cotton, state their value, etc., that they were the owners and entitled to the immediate possession of the cotton, and that it was unlawfully detained by the defendant without right, etc. An order of delivery, and summons were issued to a constable, returnable on the twenty-first of December; and upon the execution of a bond by the…
2Cited by2 opinions
- Lambert v. TuckerSupreme Court of Arkansas · 1907
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