Statham v. Brooke
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The demurrer should have been sustained because (1) the court had no jurisdiction and (2) the complaint failed to state a cause of action against appellants. The administration was still pending in the probate court.
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Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The demurrer should have been sustained because (1) the court had no jurisdiction and (2) the complaint failed to state a cause of action against appellants. The administration was still pending in the probate court. Art. 7, sec. 34, Const.; 18 Cyc. 1289; 96 Ark. 222-229; 33 Id. 727; 48 Id. 544; 51 Id. 75, 79, 80; 90 Ark. 444-451; 96 Id. 251-264; 98 Id. 63. 2. The complaint did not state a cause of action, as it fails to alleg-e that there had been an order of distribution or order to pay, by the probate…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellee against appellants in the Sebastian Chancery Court, Greenwood District, to recover $1,000 and interest on a bond given by appellants as surety for J. R. Gwyn, executor of the last will of W. P. Gwyn, deceased. It was alleged in substance that the will was probated and J. R. Gwyn qualified as trustee thereunder; that in the course of administration he wasted the assets; that exceptions were filed to his settlement in the probate court by the heirs and other legatees of the testator; that, upon trial of that issue, J. R. Gwyn was found to be indebted to the…
2Cases cited8 opinions
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Hall v. BrewerSupreme Court of Arkansas · 1883
- Euper v. StateSupreme Court of Arkansas · 1907
- George v. ElmsSupreme Court of Arkansas · 1885
- State ex rel. McCreary v. RothSupreme Court of Arkansas · 1886
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3Cited by6 opinions
- James McCord Co. v. Citizens' Hotel Co.Court of Appeals of Texas · 1926
- Continental Insurance v. Estate of RowanSupreme Court of Arkansas · 1971
- Estate of Coan v. GaughanCourt of Appeals of Arkansas · 2010
- Campbell v. DuncanSouth Dakota Supreme Court · 1932
- United States v. GigerDistrict Court, W.D. Arkansas · 1939
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