Keffer v. Stuart
Supreme Court of Arkansas
Appeal from. Garland' Circuit Court, 'Scott Wood, Judge; 1. All the necessary steps necessary were taken under our statutes to place the claim in judgment were taken. The claim was duly authenticated and presented within one year.
Read the full summary
Appeal from. Garland' Circuit Court, 'Scott Wood, Judge; 1. All the necessary steps necessary were taken under our statutes to place the claim in judgment were taken. The claim was duly authenticated and presented within one year. Act 438, Acts 1907; Kirby’s Digest, §§ 113, 114. A substantial compliance is all that is necessary. 110 Ark. 222; 116 S. W. 189; 21 Ark. 519; 97 Ark. 296; 113 S. W.. 1039; 124 Ark. 466. 2. The claim was proven and the proof of presentation to the administratrix within time was made. A letter properly mailed is presumed to reach its destination in due course of mail.…
1Opinion of the CourtWood, J.
1. This suit was instituted by Lizzie Z. Duke against Harriet R. Stuart, administratrix of the estate of Dan A. Stuart, to recover on a promissory note alleged to have been executed by Dan A. Stuart on December 4, 1905, for the sum of $11,000, with interest at six per cent, per annum, due December 4, 1906. Appellee denied the allegations of the complaint.
The suit was instituted December 12, 1910. Lizzie Z. Duke, the original plaintiff, died April 10, 1912. On March 29, 1913, the death of the plaintiff was suggested and an affidavit filed and motion was made to revive in the name of the…
2Cases cited8 opinions
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Southern Engine & Boiler Works v. VaughanSupreme Court of Arkansas · 1911
- Eddy v. LoydSupreme Court of Arkansas · 1909
- Davenport v. DavenportSupreme Court of Arkansas · 1913
- Wilkerson v. EadsSupreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
- Woolfolk v. DavisSupreme Court of Arkansas · 1955
- Wooley v. Planter's Cotton Oil Mill, Inc.Court of Appeals of Arkansas · 2005
- Breckenridge v. Weber Dry Goods CompanySupreme Court of Arkansas · 1925
- W. A. Robison, Administrator of the Estate of Bertha Jensen, Also Called Bertha D. Jensen v. Guy Jones, and Myrtle Jones, Husband and WifeCourt of Appeals for the Eighth Circuit · 1958
7 more not listed; retrieve them via the Exa API.