Alter v. Kinsworthy
Supreme Court of Arkansas
ERROR to Lafayette Circuit Court. Hon. Myron D. Kent, Circuit Judge. The defect, of want of affidavit, was waived by appearance and answer to the suit. Motion to dismiss was a thing in abatement. This case comes within the principle of Borden v. Fowler, adm’r, 14 Ark., 471; Grimes, adm’r, v. Bush, 16 ib., 647; Maddin, adm’r, v. State Bank, 13 ib., 276. The motion to dismiss and order of dismissal are brought up only as part of the bill of exceptions.
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ERROR to Lafayette Circuit Court. Hon. Myron D. Kent, Circuit Judge. The defect, of want of affidavit, was waived by appearance and answer to the suit. Motion to dismiss was a thing in abatement. This case comes within the principle of Borden v. Fowler, adm’r, 14 Ark., 471; Grimes, adm’r, v. Bush, 16 ib., 647; Maddin, adm’r, v. State Bank, 13 ib., 276. The motion to dismiss and order of dismissal are brought up only as part of the bill of exceptions. Nothing is before the court. Ark. Rep. 1, 360; 10, 448; 17, 535 ; 21, 454 ; 13, 482; 4 Howard U. S. (297). The affidavit is informal, 1 Mete.…
1Opinion of the Court
Walker, J.:
This suit was commenced in the Probate Court of Lafayette county, by filing the transcript of a judgment, with a claim predicated upon it, against the estate of Robert H. Wynn, of whose «state Kinsworthy was the administrator. There is appended to the claim what purports to be an affidavit taken before a justice of the peace in the State of Louisiana, unaccompanied with any evidence that the person before whom the affidavit purports to have been taken, was an officer of that State, and, for this defect, as well as that it was not, in terms, a compliance with our statute, is wholly…
2Cited by8 opinions
- Dakota National Bank v. KleinschmidtSouth Dakota Supreme Court · 1914
- McIlroy Banking Co. v. DicksonSupreme Court of Arkansas · 1899
- Cox v. PhelpsSupreme Court of Arkansas · 1897
- Acker v. WatkinsSupreme Court of Arkansas · 1936
- Carl-Lee v. GriffithSupreme Court of Arkansas · 1922
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