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1 Ark. 474

Lungren v. Harris

Supreme Court of Arkansas

Decided April 15, 1846

Supreme Court of Arkansas · decided 1846-04-15

Writ of error to the circuit' court of Hempstead county. This was an action of debt Brought by Benjamin J. Harris against Hanson R. Lungren, determed in the circuit court of Hempstead county, in January 1845, before the Hon. George, Conway, judge. The action was founded uporna bond for the payment of money.

Decided 1846-04-15

Oldham J.

¶1delivered the opinion of the court.

¶2The question Raised in this case was fully settled in Brown’s ad. vs. Hill & Co. 5 Ark. R. 78, in which it was held that, after the prosecution of aiwrit of error and before-joinder in error, the circuit cdurt propeidy allowed the sheriff to amend his return on the motion of the plaintiffs below without notice to the opposite party. The ends of justice very frequently demand the exercise-of such a power. We are of opinion that the circuit court did not err in permitting the-amendment in this case. The-sheriff’s return being thus amended, the record presents a judgment by default regularly’ entered after legal notice to the defendant, let the judgment of the-circuit court be affirmed.

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