Legal Opinion

Ellis v. Caruthers

Supreme Court of Arkansas

Decided January 20, 1919PublishedCited by 4 opinions

Appeal from Fulton Circuit. Court; J. B. Baker, Judge; STATEMENT OF FACTS. This is an action in replevin by Oscar Ellis, as guardian of Madeline Hightower, a minor, against G. M. Caruthers, as administratdr of the estate of S. W. High-tower, deceased, to recover the possession of three promissory notes which he alleged belonged to his ward and which were wrongfully detained from her by the defendant.

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Appeal from Fulton Circuit. Court; J. B. Baker, Judge; STATEMENT OF FACTS. This is an action in replevin by Oscar Ellis, as guardian of Madeline Hightower, a minor, against G. M. Caruthers, as administratdr of the estate of S. W. High-tower, deceased, to recover the possession of three promissory notes which he alleged belonged to his ward and which were wrongfully detained from her by the defendant. The notes in question were introduced in evidence and were payable to the order of Madeline Hightower. Oscar E. Ellis was appointed guardian for Madeline Hightower, a minor, on the 19th of June,…

1Opinion of the Court

HART, J.,

(after stating the facts). The judgment of the trial court was wrong. A judgment is conclusive only between the parties and their privies. Thompson v. Southern Lumber Co., 113 Ark. 380, and cases cited. Madeline Hightower was not a party to the suit between G. M. Caruthers, administrator of her father’s estate, and Allie V. Hightower, her mother, in which the former sued the latter for the possession of the notes in controversy in this case. She was not a privy in inxeresc to any of the parties to that suit. The notes showed on their faces that they were payable to Madeline Hightower…

2Cases cited3 opinions

  1. Thompson v. Southern Lumber Co.Supreme Court of Arkansas · 1914
  2. Biederman v. ParkerSupreme Court of Arkansas · 1912
  3. Collin County Grain Co. v. AndrewsSupreme Court of Arkansas · 1914

3Cited by4 opinions

  1. Hinton v. WillardSupreme Court of Arkansas · 1949
  2. Hall v. BentonSupreme Court of Arkansas · 1923
  3. Ware v. Shoemaker-Bale Auto Co.Supreme Court of Arkansas · 1928
  4. Hinton v. WillardSupreme Court of Arkansas · 1949

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