Supreme Court of Arkansas, 1891

May v. Hutson

May v. Hutson
Supreme Court of Arkansas · Decided February 21, 1891
54 Ark. 226; 15 S.W. 606; 1891 Ark. LEXIS 38

May v. Hutson

Opinion of the Court

Per Curiam.

Amendmentof schedule, The petition for a supesedeas filed by the r * ... appellee is defective in two particulars, viz., it does not state that he is a resident of the State, or that it contains a description of all the defendant’s property, both real and personal. Without the allegations of both facts, it was insufficient to warrant the issuance of a supersedeas. Brown v. Peters, 53 Ark., 182. The petition is subject to amendment. If the facts justify it, both defects may be cured by amendment.

Reverse and remand for further proceedings.

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