Parker v. Wilson
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This action was instituted by Marie A. Justice as guardian and next friend of Earle M. Wilson, a minor, in the chancery court against H. A. Parker as guardian of said Earle M. Wilson and W. K. Sims, T. H. Jackson and H. A. Carter as sureties'on his guardian’s bond to surcharge and falsify, his account as such guardian.
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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This action was instituted by Marie A. Justice as guardian and next friend of Earle M. Wilson, a minor, in the chancery court against H. A. Parker as guardian of said Earle M. Wilson and W. K. Sims, T. H. Jackson and H. A. Carter as sureties'on his guardian’s bond to surcharge and falsify, his account as such guardian. The defendants demurred to the complaint, and subsequently filed an answer; denying the allegations of the complaint. The facts are as follows: Mary A. Wilson died at Brinkley in Monroe…
1Opinion of the Court
Hart, J.,
(after stating the facts). 1. It is first insisted that the appointment of Marie A. Justice as guardian of Earle M. Wilson by the Greene Probate Court in 1906 was void because the guardianship of H. A. Parker was pending. It is not necessary to consider this point, for Mrs. Justice also brings the suit as next friend of the minor. St. Louis, I. M. & S. Ry. Co. v. Haist, 71 Ark. 258.
2. It will be' noted that the demurrer to the complaint was not acted upon by the court. In the case of Kiernan v. Blackwell, 27 Ark. 235, it was held (quoting from syllabus) : “Where a cause has proceeded…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Guardianship of CardwellCalifornia Supreme Court · 1880
- Campbell v. ClarkSupreme Court of Arkansas · 1897
- Kiernan v. BlackwellSupreme Court of Arkansas · 1871
- Merritt v. WallaceSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harrington v. CooperSupreme Court of Arkansas · 1916
- Kelly v. KellyMontana Supreme Court · 1931
- Little v. McGuireSupreme Court of Arkansas · 1914
- Heiseman v. LowensteinSupreme Court of Arkansas · 1914
- First National Bank of Ft. Smith v. MarreSupreme Court of Arkansas · 1931
17 more not listed; retrieve them via the Exa API.