Adamson v. Cummins
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. In June, 1847, Ebenezer Cummins, the administrator of William Cummins, deceased, presented a petition to the Pulaski Circuit Court, against Adamson, Carter & Higgins, partners, &c., John C. Swain, Lorenzo D. Maddox, William M. Bostwick, and Fleetwood Hanks, (having given them due notice of his intention to present said petition,) stating: That, on the 20th December, 1843, said Adamson, Carter & Higgins recovered judgment against…
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Writ of Error to Pulaski Circuit Court. In June, 1847, Ebenezer Cummins, the administrator of William Cummins, deceased, presented a petition to the Pulaski Circuit Court, against Adamson, Carter & Higgins, partners, &c., John C. Swain, Lorenzo D. Maddox, William M. Bostwick, and Fleetwood Hanks, (having given them due notice of his intention to present said petition,) stating: That, on the 20th December, 1843, said Adamson, Carter & Higgins recovered judgment against petitioner, as such administrator, in said Court, for $382 87 debt, $63 14 damages, and for costs. That, on the 2lst July,…
1Opinion of the CourtJustice Scott
This was a proceeding by motion, in the Circuit Court, instituted .by Cummins, as administrator, to obtain redress for an alleged injury to him in his representative character resulting from an alleged improper issuance and execution of a fi.fa. upon a judgment in that Court de bonis testaioris in favor of the plaintiff in error. He brought in by notice the purchasers of the property at the sheriff’s sale, and, after a hearing, his motion was granted, the fi. fa. was quashed, and the sale made under its authority vacated without terms.
The jurisdiction of the Circuit Court was not contested ;…
2Cases cited9 opinions
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- Wyman v. CampbellSupreme Court of Alabama · 1838
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Clarey v. Marshall's HeirsCourt of Appeals of Kentucky · 1836
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3Cited by1 opinion
- Walker v. JohnsonSupreme Court of Arkansas · 1853