McNutt v. State
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Judge. The cause was not properly revived against appellant, nor was she served with notice or a copy of the order of revivor as required by secs. 5237-8~9-l¡,0-5-6 of Mansfield’s Digest; 39 Ark., 126; 10 Ark, 251¡,;-27 ib., 126, 298; 35 ib., 180. The court in reviving the cause complied with sections 5236-7-8, Mansfield’s Digest. The death was suggested and the revivor was against the appellant, naming her capacity.
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APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Judge. The cause was not properly revived against appellant, nor was she served with notice or a copy of the order of revivor as required by secs. 5237-8~9-l¡,0-5-6 of Mansfield’s Digest; 39 Ark., 126; 10 Ark, 251¡,;-27 ib., 126, 298; 35 ib., 180. The court in reviving the cause complied with sections 5236-7-8, Mansfield’s Digest. The death was suggested and the revivor was against the appellant, naming her capacity. The presumption is in favor of the regularity of proceedings. Here the cause was forthwith revived as is allowed by section…
1Opinion of the CourtCockrill, C. J.
The question presented by the appeal relates only to the regularity of the proceedings had in • • .. , , .. . . . reviving an action begun against Pleasant McNutt in his lifetime, against his representative after his death.
Practice: agaSsYadministrator.
The statute points out three modes of procedure for reviving an action against an administrator of a deceased defendant.
First — The order of revivor may be made by consent of parties. Mans. Dig., sec. 5239.
Second — Where ten days’ previous notice has been given to the administrator against whom the revivor is desired, of the intention to apply…
2Cited by3 opinions
- Robinson v. Citizens' BankSupreme Court of Arkansas · 1918
- State Fair Ass'n v. TownsendSupreme Court of Arkansas · 1901
- Vandiever v. CondittSupreme Court of Arkansas · 1913