Thompson v. Bremage
Supreme Court of Arkansas
Writ of Error to Randolph Circuit Court. The Hon. W. H. Neely, Circuit Judge, presiding. The court ought to have permitted the amendment — the motion being in apt time, and for the furtherance of justice; and the amendment in a matter merely of form. Dig. 814, sec. 113. Brinkley vs. Mooney, 4 Eng. 448. McLarren vs. TIvurman, 3 Eng. 315. Martin <$* Van Horne vs'. Webb, 5 Ark. 77. 3 Ch. Pr. 44, 923. McMellen vs. Jewell, 13 Lou.
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Writ of Error to Randolph Circuit Court. The Hon. W. H. Neely, Circuit Judge, presiding. The court ought to have permitted the amendment — the motion being in apt time, and for the furtherance of justice; and the amendment in a matter merely of form. Dig. 814, sec. 113. Brinkley vs. Mooney, 4 Eng. 448. McLarren vs. TIvurman, 3 Eng. 315. Martin <$* Van Horne vs'. Webb, 5 Ark. 77. 3 Ch. Pr. 44, 923. McMellen vs. Jewell, 13 Lou. An: Rep. 139. Jerks vs. Smith, 5 ib. 674. Cutter vs. Rathbone, 1 Hill (N. Y.) 205. The statute (Dig. 260, sec. 28) authorizing the issuance of the process of the Circuit…
1Opinion of the CourtChief Justice Watkins
This suit was instituted by attachment, in the Randolph Circuit Court. The writ was directed to the constable of Demeen Township, in Randolph county, to be by him executed and returned. At the return term the plaintiff moved to have the writ amended, so as to show according to the facts, that the reason why it was so directed, was that the offices both of sheriff an'd coroner of that county, were vacant at the time of its issuance; and at the same time, upon the ground of the omission of any such reason, the defendant moved to quash the writ. The court overruled the motion to amend, and…
2Cited by2 opinions
- Jones v. GoodbarSupreme Court of Arkansas · 1895
- Rudd v. Thompson & BarnesSupreme Court of Arkansas · 1860