Buckley v. Collins
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. It was error to allow the filing of the amended and substituted complaint. 38 S. W. 703; 94 Id. 277. 2. There was no consideration for the checks. The evidence shows this, and the verdict is entirely unsupported by the evidence. 70 Ark. 385; Ruling Case Law, “Appeal and Error,” § 167. 1. The infant, and not the next friend, is the real party.
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. It was error to allow the filing of the amended and substituted complaint. 38 S. W. 703; 94 Id. 277. 2. There was no consideration for the checks. The evidence shows this, and the verdict is entirely unsupported by the evidence. 70 Ark. 385; Ruling Case Law, “Appeal and Error,” § 167. 1. The infant, and not the next friend, is the real party. The defendant entered his appearance and filed an 'answer. 90 Ark. 316; 101 Id. 124; 71 Id. 258; 157 IT. S. 198; 94 Ark. 178. 2. The checks were assignable ¡by delivery. 70 Ark. 215. 3. A…
1Opinion of the CourtWood, J.
On the 7th of October, 1912, A. T. Collins, guardian for J. A. Collins, filed a claim .against A. M. Buckley for $4.95 for time checks issued by Buckley. On the 18th day of October, 1912, there was filed in the justice court what is designated in the record as an amended and substituted complaint, in which it is recited .as follows: “Comes the plaintiff, J. A. Collins, by his- next friend, A. T. Collins, and for his cause of action states.” It then sets forth that the defendant, A. M. Buckley, is engaged in the mercantile business in the town of Kimberly, Pike County, Arkansas, and that in…
2Cases cited3 opinions
- Morgan v. PotterSupreme Court of the United States · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Martin-Alexander Lumber Co. v. JohnsonSupreme Court of Arkansas · 1902
3Cited by11 opinions
- Wood v. SparksTexas Commission of Appeals · 1933
- Lopez v. WaldrumSupreme Court of Arkansas · 1970
- Arkansas Land & Lumber Co. v. DavisSupreme Court of Arkansas · 1922
- Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970
- McGraw v. MillerSupreme Court of Arkansas · 1931
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