123 Ark. 510 | Ark. | 1916
Appellant instituted this suit against the appellee to recover the possession of a certain horse. His amended complaint is as follows: ‘ ‘ Comes the plaintiff and states that he claims a certain horse in this action; that it is an iron gray horse, about three years old and .about 14y2 hands high, and is worth about $130.00; and for the detention of said horse he believes that he ought to recover the sum of $25.00; that he is entitled to the immediate possession of said horse; that said horse is wrongfully detained by defendant, T. E. Aylor, and that according to the best knowledge, information and belief of plaintiff that said defendant detains said horse under false claim of being owner thereof; that said horse was not taken for tax or fine against plaintiff or under an order or judgment of court against his property and that his cause of action herein accrued within three years last past. The aforesaid property was taken under an execution sued out against W. R. Johnson by the aforesaid Tom Aylor and bought in at sale under said execution by said Tom Aylor.”
The suit was begun in the justice court. The appellant filed therein the following affidavit:
“The plaintiff, Arthur Climer, states that he is entitled to immediate possession of the following described property, towit: (describing the horse) of which the defendant Tom Aylor has possession without right, and which he unlawfully detains from plaintiff. Wherefore, plaintiff prays judgment for the recovery of said property and for twenty-five dollars damages for detention thereof and all injuries thereto and other relief.”
The judgment recites :• “That on motion of the defendant the amended complaint filed in the action is struck from the files and the cause is dismissed,” to which ruling the plaintiff duly excepted and prayed and was granted an appeal.
Evidently the court treated the motion to strike as a general demurrer to the complaint, and the only question is, does the complaint state a cause of action?
No formal written pleadings are required to be filed in a justice court. A short written statement of facts on which the action is .'founded is all that is necessary. Kirby’s Digest, § 4565.
The plaintiff could not have been entitled to the immediate possession of the property, and the defendant could not have been in possession thereof and have detained the property from plaintiff without right unless the plaintiff had general or special ownership in the property.
The judgment is therefore reversed and the cause remanded with directions to overrule the demurrer.