Legal Opinion

Baskins v. Wylds

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 13 opinions

APPEAL from St. Francis Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. The record of the Probate Court is conclusive. (Gantt’s Digest, secs. 1196-7.) The judgment good on its face. After jurisdiction is acquired its exercise is subject to the rules of practice prescribed for the court. (11 Ark., 383.) The rule in this case prescribed by Gantt’s Dig., secs. 114— 15-16. No requirement that the ease shall be heard, at the term to which the notice is returnable.

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APPEAL from St. Francis Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. The record of the Probate Court is conclusive. (Gantt’s Digest, secs. 1196-7.) The judgment good on its face. After jurisdiction is acquired its exercise is subject to the rules of practice prescribed for the court. (11 Ark., 383.) The rule in this case prescribed by Gantt’s Dig., secs. 114— 15-16. No requirement that the ease shall be heard, at the term to which the notice is returnable. Where a court has jurisdiction, every presumption is in favor of the regularity of its proceedings. (5 Ark., 409.) The parties once…

1Opinion of the CourtEnslish, C. J.

Claimai"ri°tn|t0eru“ uotloe-

On the petition of Daniel Wylds as administrator of the estate of Mary Wylds, deceased, transcript of the record of an allowance in the Probate Court of St. Francis County against said estate, in favor of Margaret E. Baskins, was removed by certiorari into the Circuit Court of that county, and the judgment of allowance quashed, and the claimant appealed to this court.

It appears from the transcript of the record of the Probate Court, returned by the clerk upon the certiorari, that on the eleventh day of December, 1874, Margaret E. Baskins presented for allowance to…

2Cited by13 opinions

  1. Davis v. SchimmelSupreme Court of Arkansas · 1972
  2. Wright v. SimpsonIllinois Supreme Court · 1902
  3. Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
  4. Shorter University v. FranklinSupreme Court of Arkansas · 1905
  5. Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894

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