King v. Connevy

52 Ark. 115

Opinion

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.