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SUTTER v. PAYNE

No. 98-1023.

989 S.W.2d 887 (1999)

337 Ark. 330

Joshua SUTTER, Appellant, v. Mary Lou Sutter PAYNE and Cora Sue Sutter West, Appellees.

Supreme Court of Arkansas.

April 22, 1999.

Attorney(s) appearing for the Case

James F. Lane, P.A., Conway, for appellant.

Comer Boyett, Jr., Searcy, for appellee.

ANNABELLE CLINTON IMBER, Justice.

This case involves a novel issue of civil procedure regarding the common-defense doctrine. The trial court ruled that the appellant, Joshua Sutter, could not benefit from the answer timely filed by his co-defendant, Luther O'Neal Sutter1, because Luther voluntarily withdrew his pleadings. We reverse and remand.

Luther S. Sutter died testate leaving the...

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