Stricklin v. Galloway
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. A motion to dismiss an appeal must be made, if at all, at or before the time the party making it enters his appearance. If not then made, the motion will be treated as waived, io Ark. 308; 25 Ark. 87; 31 Ark. 489; 33 111. App. 631; 66 111. 102; 26 Neb. 65; 44 O. St. 329; hi Ind. 225; 7 Cush.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. A motion to dismiss an appeal must be made, if at all, at or before the time the party making it enters his appearance. If not then made, the motion will be treated as waived, io Ark. 308; 25 Ark. 87; 31 Ark. 489; 33 111. App. 631; 66 111. 102; 26 Neb. 65; 44 O. St. 329; hi Ind. 225; 7 Cush. (Mass.) 521; 69 111. 281; 61 Ind. 465. 2. One who, under the law, is entitled to file exceptions to an executor’s account in the probate court can prosecute an appeal even if he fails to appear and file exceptions. Sections 140 and…
1Opinion of the CourtMcCulloch, C. J.
Appellants are heirs at law of Elizabeth Shall, deceased, and attempted to appeal from -a judgment of the probate court of Pulaski County confirming an account current of the executor >of the estate of said decedent. Said judgment of confirmation was rendered December 31, 1909, and, on May 5, 1910, appellants, through their attorney, presented to the probate court an affidavit for appeal to the circuit court, and the appeal was granted. Transcript of the proceedings was filed in the office of the circuit court clerk on May 28, 1910, and the case was set down for hearing by the court on June…
2Cases cited7 opinions
- Scott v. PennSupreme Court of Arkansas · 1900
- Walker v. NollSupreme Court of Arkansas · 1909
- Ex parte MortonSupreme Court of Arkansas · 1900
- James v. DyerSupreme Court of Arkansas · 1876
- Arnett v. McCainSupreme Court of Arkansas · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Wulff v. DavisSupreme Court of Arkansas · 1913
- Scroggins v. Osborn CompanySupreme Court of Arkansas · 1930
- Owens v. DouglasSupreme Court of Arkansas · 1915
- Free v. MaxwellSupreme Court of Arkansas · 1919
5 more not listed; retrieve them via the Exa API.