State v. Hill
Supreme Court of Arkansas
.APPEAL from Johnson Circuit Court, G-. S. Cunningham, Judge. STATEMENT. Oa the 25th day of February, 1882, Emma T. Hill was-appointed administratrix of the estate of John F. Hill, deceased, by the probate court of Johnson county, and executed the bond required by law with the names of the-appellees appearing thereon as two of her sureties. In August, 1883, the administratrix resigned.
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.APPEAL from Johnson Circuit Court, G-. S. Cunningham, Judge. STATEMENT. Oa the 25th day of February, 1882, Emma T. Hill was-appointed administratrix of the estate of John F. Hill, deceased, by the probate court of Johnson county, and executed the bond required by law with the names of the-appellees appearing thereon as two of her sureties. In August, 1883, the administratrix resigned. An administrator de bonis non was appointed, and the administratrix was ordered to deliver to him the money and effects of the estate in her possession. She failed to pay over all the money referred to in the…
1Opinion of the Court
OPINION.
Cockrill, C. J.
1.Judgments: Based on false return of Service. The doctrine announced in Ryan Boyd, 33 Ark., 778, that an officer’s false return of service of process, shall not preclude the defendant from the truth in a proper proceeding to be relieved from the burden of a judgment based thereon, is, we think, sustained by reason and the weight of authority. Gregory v. Ford, 14 Cal., 138; S. C. 73 Am. Dec., 639 and note; 19 Am. Dec. Note, p. 137; 2 Lead. Cases in Equity, Part 2, p. 370; Duncan v. Gerdine, 59 Miss., 550; Owen v. Ranstead, 22 Ill., 161; Colson v. Leach, 110 Ib., 504;…
2Cases cited9 opinions
- Owens v. RansteadIllinois Supreme Court · 1859
- White v. CrowSupreme Court of the United States · 1884
- Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Gregory v. FordCalifornia Supreme Court · 1859
- Taggart v. WoodSupreme Court of Iowa · 1866
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3Cited by50 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Clay v. BilbySupreme Court of Arkansas · 1904
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
45 more not listed; retrieve them via the Exa API.