Williams v. Bowen
Supreme Court of Arkansas
Appeal from Mississippi' 'Circuit Court, Osceola District; A. F. Barham, Special Judge; There was no appeal granted by the probate court, and the circuit court had no jurisdiction to try the case. The order granting the appeal could not be waived. 128 S. W. (Ark.) 855. Appellants entered their appearance generally and went to trial on the merits of 'the case in the circuit court.
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Appeal from Mississippi' 'Circuit Court, Osceola District; A. F. Barham, Special Judge; There was no appeal granted by the probate court, and the circuit court had no jurisdiction to try the case. The order granting the appeal could not be waived. 128 S. W. (Ark.) 855. Appellants entered their appearance generally and went to trial on the merits of 'the case in the circuit court. They, therefore, waived any defect or want of process, and any question of jurisdiction. 3 Oye. 155; Id. 519-20, 524-5; 2 Ark. 33; Id. 26; 5 Ark. 424; 34 Ark. 409; 56 Ark. 241; 1 Ark. 376; 22 Ark. 356; 95 Ark. 302. .
1Opinion of the Court
McCulloch, O. J.
Appellants ¡are children and legatees under the last will and testament of L. I). Rozzell, late of Mississippi County, Arkansas, and instituted this proceeding in the probate court for a distribution of some property bequeathed to appellants in the will. The executor and the other children and legatees resisted the order and there was a trial in the probate court upon the issue presented, which resulted in a judgment favorable to appellants. The executor and the other legatees attempted to prosecute an appeal to the circuit court. They filed an affidavit and the transcript of…
2Cases cited2 opinions
- Drainage District No. 1 v. RolfeSupreme Court of Arkansas · 1913
- Speed v. FrySupreme Court of Arkansas · 1910
3Cited by2 opinions
- Mississippi County v. MooreSupreme Court of Arkansas · 1916
- Torrence v. BentonSupreme Court of Arkansas · 1934