Ringgold v. Newkirk
Supreme Court of Arkansas
Appeal from Independence Circuit Court. This was originally a motion for allowance made by the appellees in the County Court of Independence county, against the appellant as administrator of Charles Kelly, deceased.
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Appeal from Independence Circuit Court. This was originally a motion for allowance made by the appellees in the County Court of Independence county, against the appellant as administrator of Charles Kelly, deceased. At January term, 1838, of the County Court, the appellees filed there a paper somewhat in the shape of a declaration, by which they-claimed a debt of $806 12, and stated that on the 6th of March, 1833, Kelly made his promise in writing, and delivered it to the appellees, by which he, by the style of Montgomery, Kelly, & Co., guaranteed the payment of a bill of the same date to the…
1Opinion of the CourtLacy, Judge
In inspecting the record in this case we find some difficulty in determining in what court the suit was originally commenced. There are several entries denominating the court as the County Court of Independence, and others showing it was the Probate Court of that county. It is clear that the first tribunal had no jurisdiction in the' premises, and it is equally manifest that the latter had. Taking the entries, however, separately and connectedly together, we think the record shows that the proceedings were had before the Probate Court. The writ of mandamus sued out was directed to the Judge…
2Cases cited4 opinions
- Clark v. Robert Young & Co.Supreme Court of the United States · 1803
- Harris v. JohnstonSupreme Court of the United States · 1806
- Gould v. GouldNew York Supreme Court · 1828
- Russell v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1818
3Cited by1 opinion
- Halloran v. Jacob Schmidt Brewing Co.Supreme Court of Minnesota · 1917