
    Case No. 18,106a.
    WYATT v. HARDEN.
    [Hempst. 17.] 
    
    Superior Court, Territory of Arkansas.
    Aug., 1822.
    Amendment op Deci.ara.tiox—Time to Plead— Evidence.
    1. When a substantial amendment is made in a declaration, the defendant should be allowed until the next succeeding term to plead.
    2. It is improper to allow evidence to go to the jury which would constitute the ground of a separate action.
    [Appeal by John Wyatt from a judgment in favor of Jacob Harden.]
    Before JOHNSON, SCOTT, and SEEDEN, JJ.
   OPINION OF

THE COURT.

The judgment in this case must be reversed ujion two grounds: (1) The court erred in not allowing the appellant, the defendant in the court below, until the next term to plead, after a substantial amendment of the declaration had been made. (2) The court erred in permitting any evidence to go to the jury in relation to a ferry, as a disturbance of or injury done thereto would constitute the ground of a separate action. Reversed.  