Lowe v. Hart
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. J. H. Carroll died March 2, 1908. His only known next of kin were seven children of a brother who had died in Leeds, England. Carroll deposited with the First National Bank of Paragould, Arkansas, a sum of money, and received the following certificate: “The First National Bank of Paragould “No. 1323. “Certificate of deposit not subject to check.
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Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. J. H. Carroll died March 2, 1908. His only known next of kin were seven children of a brother who had died in Leeds, England. Carroll deposited with the First National Bank of Paragould, Arkansas, a sum of money, and received the following certificate: “The First National Bank of Paragould “No. 1323. “Certificate of deposit not subject to check. “Paragould, Arkansas, Oct. 18, 1907. “J. H. Carroll has deposited with this bank eighteen hundred ten and no-ioo dollars ($1,810), payable to the order of himself in current…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. As a “nunc pro tunc order” is intended to state what the court did, and not what it should have done, we must take the finding of the court as correct, that what was done and intended to be done by the orders “was to make the administrator a party.” Tucker v. Hawkins, 72 Ark. 21; Gregory v. Bartlett, 55 Ark. 30; Cox v. Gress, 51 Ark. 224.
The court’s recollection and construction of its own order must be accepted, in the absence of any oral evidence or anything in the record itself to the contrary. The minutes on the judge’s docket do not show that any…
2Cases cited25 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Nolen v. HardenSupreme Court of Arkansas · 1884
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
20 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Michael Wayne Dean v. Pascual Q. Olibas, Doing Business as Freedom Bail BondsCourt of Appeals for the Eighth Circuit · 1997
- Boling v. GibsonSupreme Court of Arkansas · 1979
- Gordon v. ClarkSupreme Court of Arkansas · 1921
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Krickerberg v. HoffSupreme Court of Arkansas · 1940
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