Armstrong v. Lawson
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. No bill of exceptions or motion for new trial was necessary. Where the error appears of record in the judgment neither is necessary, and this court will reverse. 125 Ark. 305; 46 Ark. 17, 21, 468, 474. Appellant did everything required by the Acts 1909, page 957. The cause should have been reinstated and the appeal allowed, upon the showing made. 1. There is nothing before this court.
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Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. No bill of exceptions or motion for new trial was necessary. Where the error appears of record in the judgment neither is necessary, and this court will reverse. 125 Ark. 305; 46 Ark. 17, 21, 468, 474. Appellant did everything required by the Acts 1909, page 957. The cause should have been reinstated and the appeal allowed, upon the showing made. 1. There is nothing before this court. Appellant was not a party and could not appeal. 123 Ark. 61; 68 Id. 492; Kirby’s Digest, § 140; Acts 1909, p. 957; 119 Ark. 185; 105 Id. 301; 121 Id. 448;…
1Opinion of the CourtMcCulloch, C. J.
The appellant, W. W. Armstrong, undertook to appeal from two'judgments of the probate court of Cross County, one being a judgment of allowance of a claim against the estate of appellee’s decedent, and the other a judgment directing the sale of real estate of' the decedent by said administrator. The circuit court' dismissed both of said- appeals, and an appeal has been prosecuted to this court from the order of dismissal. The transcript of the record sent up from the probate court shows that the appellant appeared in that court and had himself made a party to the proceedings on the part of the…
2Cases cited1 opinion
- Billingsley v. AdamsSupreme Court of Arkansas · 1912
3Cited by5 opinions
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- Laramore v. RadfordSupreme Court of Arkansas · 1918
- Hale v. Road Improvement District No. 1Supreme Court of Arkansas · 1921
- Edgar v. BrownSupreme Court of Arkansas · 1918