Stone v. Stillwell
Supreme Court of Arkansas
Appeal from Independence Circuit Court in Chancery. Hon. William C. Bevens, Circuit Judge. The original interrogatories were not attached to the commission as required by sec. 11, chap. 55, Dig., p. 437; and the copy attached is one that the clerk had no right to make out, the original not being an office paper; so the copy is a nullity.
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Appeal from Independence Circuit Court in Chancery. Hon. William C. Bevens, Circuit Judge. The original interrogatories were not attached to the commission as required by sec. 11, chap. 55, Dig., p. 437; and the copy attached is one that the clerk had no right to make out, the original not being an office paper; so the copy is a nullity. Neither did the certificate of the-justice of the peace state that the deposition .was reduced to writing in his presence, as required by sec. 13, chap. 55, Dig. For this the deposition should, undoubtedly, have been suppressed, as held in Hammond vs.…
1Opinion of the CourtChief Justice English
This was a bill to impeach the final settlement of Absalom Fowler, as administrator of Rufus Stone, deceased, determined in the Independence Circuit Court.
The complainants were Jefferson Stone, in his own right, and as administrator of his deceased brother Solon, and as guardian of his minor brother Rufus, who were the sons and heirs at law of Rufus Stone, deceased.
The defendants were Fowler and Joseph H. Egner and Morgan Magness, the sureties of Fowler in his administration bond1.
The bill was dismissed for want of equity, the complainants appealed, and after the case was brought here, the…
2Cases cited1 opinion
- Ringgold v. StoneSupreme Court of Arkansas · 1859