Matthews v. Lane
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. Appellant, having filed the affidavit for appeal required by statute, had taken all steps necessary to confer jurisdiction upon the circuit court. Sand. & H. Dig., § 1149; 35 Ark. 302; 51 Ark. 344; 13 S. W. 250. The probate court should have been made to enter up, nunc pro kmc, the order granting the appeal. 43 Ark. 33; Am. Dig.
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Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. Appellant, having filed the affidavit for appeal required by statute, had taken all steps necessary to confer jurisdiction upon the circuit court. Sand. & H. Dig., § 1149; 35 Ark. 302; 51 Ark. 344; 13 S. W. 250. The probate court should have been made to enter up, nunc pro kmc, the order granting the appeal. 43 Ark. 33; Am. Dig. (1893) p. 135, § 302. The same, strictness of rule is not applied tq appeals from probate to circuit court as from circuit to the supreme court. 7 Ark. 170. The bill of exceptions was not…
1Opinion of the CourtBunn, C. J.
The note sued on this ease was executed by the deceased, W. W. Constant, and delivered to H. H. Hadley, on the 10th day of January, 1889, due and payable twelve months after date, with 6 per cent, interest from date; principal $1,000. On the 24th day of August, 1894, the note was assigned and transferred to appellant, W. B. Matthews, by Hadley, for value.
On the 28th of May, 1895, Matthews presented the note for allowance to W. T. Lane, the appellee, the then administrator of the estate of Constant, who had died in the meantime, and the same was disallowed, and the same was filed in the…
2Cases cited2 opinions
- Adams v. HepmanSupreme Court of Arkansas · 1871
- Sykes v. LafferrySupreme Court of Arkansas · 1871
3Cited by9 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Walker v. NollSupreme Court of Arkansas · 1909
- Drainage District No. 7 v. StuartSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. Maple Slough Drainage DistrictSupreme Court of Arkansas · 1919
- Carter v. MarksSupreme Court of Arkansas · 1919
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