Hilliard v. Hilliard
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court. C. D. Wood, Judge. This was a proceeding begun in the Probate Court for the allotment of dower to Mrs. Caroline Hilliard in the land of her deceased husband. Commissioners were appointed to make the allotment, and their report was approved and confirmed by the court. From the order approving the report Mrs. Hilliard, appealed.
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APPEAL from Chicot Circuit Court. C. D. Wood, Judge. This was a proceeding begun in the Probate Court for the allotment of dower to Mrs. Caroline Hilliard in the land of her deceased husband. Commissioners were appointed to make the allotment, and their report was approved and confirmed by the court. From the order approving the report Mrs. Hilliard, appealed. In the Circuit Court she filed numerous exceptions-‘to the report, presenting questions which could only be determined by a trial de novo. Upon motion of the appellee, all 'these exceptions except one were stricken out on the ground…
1Opinion of the Court
Per Curiam,
Allotment of dower. The order confirming the report of the commissioners appointed to allot dower, was the final judgment of . the Probate Court in the case; and the appeal from that judgment carried the whole cause to the Circuit Court for trial de novo. It was error, therefore, in the Circuit Court to confine the appellant to her exceptions to the manner of allotting dower. The judgment will be reversed and the cause remanded for a rehearing.
2Cited by3 opinions
- Carter v. YoungerSupreme Court of Arkansas · 1914
- Horton v. HilliardSupreme Court of Arkansas · 1893
- McGaugh v. MathisSupreme Court of Arkansas · 1917