Rightor v. Gray
Supreme Court of Arkansas
Appeal from, Phillips Circuit Cowri. Hon. Maee W. AiexaNdeb, Circuit Judge. The writ of certiorari was not issued and returned. No consent of parties could dispense with the writ itself, without which there was no proceeding. But if the case were really in court, and it had power and jurisdiction to examine the order of allowance of Rightor’s account, and the order of payment, it is surely clear that those orders were not void.
Read the full summary
Appeal from, Phillips Circuit Cowri. Hon. Maee W. AiexaNdeb, Circuit Judge. The writ of certiorari was not issued and returned. No consent of parties could dispense with the writ itself, without which there was no proceeding. But if the case were really in court, and it had power and jurisdiction to examine the order of allowance of Rightor’s account, and the order of payment, it is surely clear that those orders were not void. The Probate Court had, in October, 1855, declined or refused (for both terms are used as synonymous) to confirm Rightor’s account as filed. No exceptions had been…
1Opinion of the CourtChief Justice English
’William E. Eightor had been, prior to January, 1855, the guardian, in Phillips county, of the infant heirs of Henry Yerby, deceased. On the 22d of January, he filed in the Probate Court of that county his settlement account, as such guardian, of receipts and disbursements on account of his wards, from May, 1853, to January, 1855, claiming a balance due himself of $648 40. This account is endorsed as follows:
“The within settlement examined, and continued until next term for confirmation. January term, 1855. A. G. Underwood, judge.”
“ On examination of the within settlement, I decline…
2Cited by6 opinions
- Donovan v. Board of Police CommissionersCalifornia Court of Appeal · 1916
- In Re Bolin's EstateSupreme Court of Oklahoma · 1908
- France v. ShockeySupreme Court of Arkansas · 1909
- State ex rel. Giroux v. LienWisconsin Supreme Court · 1901
- Jones, Mayor v. LeightonSupreme Court of Arkansas · 1940
1 more not listed; retrieve them via the Exa API.