King v. Connevy

Supreme Court of Arkansas
King v. Connevy, 52 Ark. 115 (Ark. 1889)

King v. Connevy

Opinion of the Court

Per Curiam.

Replevin : Variances Practice. It was- error to quash the order of delivery on demurrer to the complaint.

The complaint stated a good cause of action, and the demurrer should have been overruled. If there was a fatal variance between the description of the horse in the mortgage, and the one taken under the order of delivery, it was a matter to be availed of at the trial. The variance between the two as set forth was immaterial in any event.

Reverse and remand for further proceedings.

Reference

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