Hand v. Haughland
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; .1. No judgment should have been ■ rendered by the circuit court on the bond because it was void. It was void because the guardian had a right to appeal without supersedeas, which was denied him, and the bond was obtained by duress. Kirby’s Digest, § § 1347-8-9, Const, art. 7, § 35. . 2. The. minor was not of age until eighteen.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; .1. No judgment should have been ■ rendered by the circuit court on the bond because it was void. It was void because the guardian had a right to appeal without supersedeas, which was denied him, and the bond was obtained by duress. Kirby’s Digest, § § 1347-8-9, Const, art. 7, § 35. . 2. The. minor was not of age until eighteen. Kirby’s Digest, § 3756; 79 Ark. 199. 3. An exaction of a more onerous condition than the law requires renders a bond void. 142 Pa. St. 373. See, also, 7 Allen (Mass.) 198; 7 Pick. (Mass.) 232; 36 Me. 431; 15…
1Opinion of the Court
McCuluócií, J.
This is an appeal from a summary judgment rendered ‘by the circuit court of • Clark County in favor of Florence Bland Haughland against A. W. Hand, her guardian, and J. J. Pannell, the surety on his supersedeas bond.
The probate court, in adjusting, the settlement account of said guardian, adjudged him to be due his ward the sum of $177.25, and ordered him to pay said sum over to her. He took an appeal to the circuit court, and executed a supersedeas bond conditioned that he would “pay all costs of said appeal, and such damages as may be adjudged against him on said appeal, and…
2Cases cited1 opinion
- Meeks v. StateSupreme Court of Arkansas · 1906
3Cited by7 opinions
- Henderson v. DudleySupreme Court of Arkansas · 1978
- Dibrell v. City of ColemanCourt of Appeals of Texas · 1914
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- Ex Parte FullerSupreme Court of Missouri · 1932
- Lane v. AlexanderSupreme Court of Arkansas · 1925
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