Ferguson v. Carr
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in permitting the complaint to be amended so as to state a cause of action accruing after t'he commencement of the suit. 1 Cyc. 744; 14 Ark. 427; 24 Ala. 130; 60 Am. Dec. 453; 1 Am. Cent. Dig. col. 1493, § 735. 2. The heirs cannot sue.
Read the full summary
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; 1. The court erred in permitting the complaint to be amended so as to state a cause of action accruing after t'he commencement of the suit. 1 Cyc. 744; 14 Ark. 427; 24 Ala. 130; 60 Am. Dec. 453; 1 Am. Cent. Dig. col. 1493, § 735. 2. The heirs cannot sue. The act of March 13, 1899 (Acts 1899, p. 49), Kirby’s Digest, § § 46, 53, was passed pursuant to the court’s suggestion in Brice v. Taylor, 51 Ark. 75, and provides an expeditious and simple method of procedure, and operates as a repeal of section 215, Kirby’s Digest. 1. The order…
1Opinion of the CourtMcCulloch, J.
This is an action instituted in the circuit court of Hempstead County by the appellees, Martin Carr and Catherine McMahon, two of the heirs at law of John Carr, deceased, against the appellants, James R. Ferguson as public administrator of the estate of said decedent and the sureties on his official bond as sheriff (no bond having been given as administrator) to recover their distributive shares of the funds belonging to said estate left in the hands of paid administrator after payment of the debts of the estate. The complaint, after setting forth appropriate allegations concerning the death…
2Cases cited3 opinions
- George v. ElmsSupreme Court of Arkansas · 1885
- Heise v. BumpassSupreme Court of Arkansas · 1883
- State ex rel. McCreary v. RothSupreme Court of Arkansas · 1886
3Cited by17 opinions
- Wilson v. LuckSupreme Court of Arkansas · 1941
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- Atlas Life Insurance Company v. WellsSupreme Court of Arkansas · 1933
- Carpenter v. HazelSupreme Court of Arkansas · 1917
- Greer v. VaughanSupreme Court of Arkansas · 1910
12 more not listed; retrieve them via the Exa API.