Thomas v. Thomas
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Turner Butler, Judge; STATEMENT OE EAOTS. This suit originated in the probate court of Ashley County, Arkansas. Alsie Thomas filed a petition in that court asking to be appointed administratrix of the estate of James Thomas, deceased, and for dower in his estate.
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Appeal from Ashley Circuit Court; Turner Butler, Judge; STATEMENT OE EAOTS. This suit originated in the probate court of Ashley County, Arkansas. Alsie Thomas filed a petition in that court asking to be appointed administratrix of the estate of James Thomas, deceased, and for dower in his estate. She alleged that James Thomas died in Ashley County, Arkansas, on the 9th of January, 1920, owning a valuable farm of 160 acres and considerable personal property; that she was the lawful widow of James Thomas and resided with him on his farm at the time of his death, and that they owned certain…
1Opinion of the CourtHart, J.
(after stating the facts). It is first earnestly insisted by counsel for appellants that the circuit court was without jurisdiction to try the case, and for that reason the appeal should be dismissed. No motion was filed or presented in the circuit court to dismiss the appeal from the probate court for want of jurisdiction, and the question of jurisdiction in the circuit court to try the case is raised here for the first time.
The record of the proceedings in the cause in the probate court is contained in the transcript. It shows that the judgment of the probate court dismissing the petition…
2Cases cited13 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Jones v. JonesSupreme Court of Arkansas · 1872
- Fort Smith & Van Buren Bridge District v. ScottSupreme Court of Arkansas · 1914
- Walker v. NollSupreme Court of Arkansas · 1909
- Matthews v. Clay CountySupreme Court of Arkansas · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Ellsworth, Administrator v. CornesSupreme Court of Arkansas · 1942
- Carlson v. CarlsonSupreme Court of Arkansas · 1954
- Smith v. SmithSupreme Court of Missouri · 1951
- Daniels v. JohnsonSupreme Court of Arkansas · 1950
19 more not listed; retrieve them via the Exa API.