Shane v. Dickson
Supreme Court of Arkansas
Appeal from Benton Circnit Court; J. 8. Maples, Judge; 1. The issues made by the pleadings involved matters of purely probate jurisdiction, and the circuit court should have sent the case to the probate court as having exclusive, original jurisdiction of the subject-matter. 90 Ark. 198; Const. Ark., art. 7, § 34; 81 Ark. 457; 48 Ark. 544; 49 Ark. 51; 51 Ark. 361; 67 Ark. 242; 99 Ark. 339; 98 Ark. 69; 97 Ark. 465; 90 Ark. 451; Kirby’s Dig., § 1340; Woerner’s Am.
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Appeal from Benton Circnit Court; J. 8. Maples, Judge; 1. The issues made by the pleadings involved matters of purely probate jurisdiction, and the circuit court should have sent the case to the probate court as having exclusive, original jurisdiction of the subject-matter. 90 Ark. 198; Const. Ark., art. 7, § 34; 81 Ark. 457; 48 Ark. 544; 49 Ark. 51; 51 Ark. 361; 67 Ark. 242; 99 Ark. 339; 98 Ark. 69; 97 Ark. 465; 90 Ark. 451; Kirby’s Dig., § 1340; Woerner’s Am. Law of Administration, § § 155, 156; 49 Cyc. 1842; 95 Minn. 455; 5 Am. & Eng. Ann. Cases, 471. 2. The character of the $400 legacy…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, O. Dickson, as executor of the last will and testament of Lou Shane, deceased, instituted this action in the circuit court of Benton County against W. R. Shane, the husband of plaintiff’s testator, to recover the sum of $1,200 alleged to be due for money borrowed by defendant from said decedent and evidenced by an acknowledgment in writing duly signed by the defendant.
A copy of said writing is exhibited with the complaint, and was produced at the trial, showing that the same was executed in the State of Missouri.
The contracting parties were husband and wife at that time, but…
2Cases cited6 opinions
- Moss v. SandefurSupreme Court of Arkansas · 1854
- Russell v. MaySupreme Court of Arkansas · 1905
- Fancher v. KennerSupreme Court of Arkansas · 1913
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Payne, Huntington & Co. v. FlournoySupreme Court of Arkansas · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Ellsworth, Administrator v. CornesSupreme Court of Arkansas · 1942
- Moss v. MooseSupreme Court of Arkansas · 1931
- Snow v. MartensenSupreme Court of Arkansas · 1974
13 more not listed; retrieve them via the Exa API.