Scanlan v. Guiling
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The appellant, Scanlan, brought suit against the appellee, Guiling, before a .justice of the peace, and sued out an attachment, under which two horses, a wagon and harness belonging to Guiling were seized. When the parties appeared before the justice, Guiling confessed judgment for the amount of his debt to Scan-lan, but resisted the attachment.
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Appeal from Van Burén Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The appellant, Scanlan, brought suit against the appellee, Guiling, before a .justice of the peace, and sued out an attachment, under which two horses, a wagon and harness belonging to Guiling were seized. When the parties appeared before the justice, Guiling confessed judgment for the amount of his debt to Scan-lan, but resisted the attachment. On a trial in the justice’s court, the attachment was sustained, and Guiling appealed. No supersedeas bond was given by Guiling, and the attached property was sold, and…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The first contention is that the circuit judge abused his discretion in permitting the defendant, during the progress of the trial, to amend his affidavit controverting the grounds of attachment, and also in refusing a continuance to plaintiff after such amendment was made. But this contention cannot be sustained, for there is nothing in the record to show the nature of this amendment. So far as the record discloses, the amendment may have been only a matter of form, and not of substance. Such questions are left largely in the discretion of the trial…
2Cases cited2 opinions
- Blass v. LeeSupreme Court of Arkansas · 1892
- Blythe v. JettSupreme Court of Arkansas · 1889
3Cited by10 opinions
- School District No. 24 of Custer Co. v. RenickSupreme Court of Oklahoma · 1921
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Andrews v. BriggsSupreme Court of Arkansas · 1942
- Parsons v. EvansSupreme Court of Oklahoma · 1914
- Pemberton v. Bank of Eastern ArkansasSupreme Court of Arkansas · 1927
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