Euper v. State
Supreme Court of Arkansas
'Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; 1. The complaint does not state a good cause of action, nor support the judgment. There is no allegation that creditors have been paid; no order of distribution can be made until judicial finding that the debts are paid.
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'Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; 1. The complaint does not state a good cause of action, nor support the judgment. There is no allegation that creditors have been paid; no order of distribution can be made until judicial finding that the debts are paid. The order of the probate court settles nothing except the amount of liability. 47 Ark. 222. There is no allegation that there are sufficient assets to complete the administration with the fund sued for; such an adjudication being the “crucial test” and “essential allegation” for liability. 5 Ark. 468; 9 Id. 226, 244;…
1Opinion of the Court
Hart, J.,
This suit is an action on the bond of W. L. Euper, administrator of the estate of Fred. Swint, deceased. The original complaint was filed May 17, 1906. A demurrer to it was filed August 22, 1906. The record does not disclose that any disposition was ever made of this demurrer. On December 28, 1906, an amended complaint was filed, which is set out in full. It alleged that “Fred. Swint departed this life February, 1899, whether testate or intestate does not appear, leaving him surviving his widow, Lizzie Swint, and two minor heirs, Ethel and Emmett, of the respective ages of 13 and 6…
2Cases cited6 opinions
- Sorrells v. McHenrySupreme Court of Arkansas · 1881
- State ex rel. Edwards v. BartlettSupreme Court of Missouri · 1878
- Benton v. HollidaySupreme Court of Arkansas · 1884
- Padgett v. State ex rel. ColemanSupreme Court of Arkansas · 1885
- Morton v. State ex rel. SeckendorffSupreme Court of Arkansas · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Arkansas Power Light Company v. KerrSupreme Court of Arkansas · 1942
- Lindsey v. BloodworthSupreme Court of Arkansas · 1911
- El Dorado v. Citizens' Light & Power Co.Supreme Court of Arkansas · 1923
- Barnett Bros. v. WrightSupreme Court of Arkansas · 1914
- Clow v. WatsonSupreme Court of Arkansas · 1916
10 more not listed; retrieve them via the Exa API.