May v. Hutson

15 S.W. 606, 54 Ark. 226, 1891 Ark. LEXIS 38

Opinion

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.