Adams v. Primmer
Supreme Court of Arkansas
Appeal from Izard Circuit Court; Jefferson T. Cowling, Judge, STATEMENT BY THE COURT. Appellant, on March 15, 1911, brought this suit for unlawful detainer against appellees, alleging that he was the owner and entitled to possession of a certain lot situated in the town of Calico Rock, Ark., unlawfully detained by them.
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Appeal from Izard Circuit Court; Jefferson T. Cowling, Judge, STATEMENT BY THE COURT. Appellant, on March 15, 1911, brought this suit for unlawful detainer against appellees, alleging that he was the owner and entitled to possession of a certain lot situated in the town of Calico Rock, Ark., unlawfully detained by them. At the March term of the Izard Circuit Court a demurrer was interposed to the complaint, and sustained by the court, exceptions to the court’s ruling being saved. At the next September term of the court appellant filed an amended complaint, alleging that he was the owner and…
1Opinion of the Court
Kirby, J.,
(after stating the facts). If the first complaint filed by appellant was insufficient the court properly sustained a demurrer thereto. Having sustained the demurrer and noted appellant’s exceptions to its action in so doing, without any further order made or judgment rendered by the court, its action was not final, and the judgment could not be appealed from. Moody v. Ry. Co., 83 Ark. 371.
After the demurrer was sustained, the appellant had the right to amend his complaint, and was properly given leave to do so by the court. Kirby’s Digest, § 6095.
The court struck the amended…
2Cases cited2 opinions
- Dunlap v. MooseSupreme Court of Arkansas · 1911
- Moody v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1907
3Cited by10 opinions
- Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1934
- Harlow v. MasonSupreme Court of Arkansas · 1915
- State v. Greenville Stone & Gravel Co.Supreme Court of Arkansas · 1916
- Arkansas State Board of Architects v. LarsenSupreme Court of Arkansas · 1956
- Lewis v. HarperSupreme Court of Arkansas · 1921
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