Creswell v. Matthews
Supreme Court of Arkansas
APPEAL from Izard, Circuit Court. R. H. Powell, Judge. The Probate Court had no jurisdiction of the subject matter, or of the minors; there was no service upon either the guardian or the infants, and no defense made. The judgment was void, and should have been quashed upon certiorari. Mansf Dig., secs. 4957, 5042, 4983 ; 42 Ark., 222 ; id., 227; 40 id., 57. No summons was necessary, the guardian waiving notice; and no service on minors is required by law.
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APPEAL from Izard, Circuit Court. R. H. Powell, Judge. The Probate Court had no jurisdiction of the subject matter, or of the minors; there was no service upon either the guardian or the infants, and no defense made. The judgment was void, and should have been quashed upon certiorari. Mansf Dig., secs. 4957, 5042, 4983 ; 42 Ark., 222 ; id., 227; 40 id., 57. No summons was necessary, the guardian waiving notice; and no service on minors is required by law. The guardian is their representative. Mansf. Dig., secs. 3485, 3489. See, also, sec. 3501. The Probate Court had jurisdiction. 19 Ark., 499…
1Opinion of the CourtHughes, J.
William Wood died in Izard County in 1878, leaving him surviving, Sarah Wood his widow, and seven minor children, some of whom intermarried with some of the plaintiffs below — appellants here. The appellee, T. J. Mathews, having intermarried with Mollie Wood, one of said minors, became the probate guardian of the others. Sarah Wood, the mother of these children, died intestate in January, 1880, and there was administration upon her estate.
While a widow, in 1879, Mrs. Sarah Wood bought merchandise, goods and wares of the firm of R. C. Mathews & Son, amounting to $169.69. On the 11th day of…
2Cited by3 opinions
- Baird v. SteadmanSupreme Court of Florida · 1897
- Beloate v. HareSupreme Court of Arkansas · 1923
- Gordon v. BurnsSupreme Court of Arkansas · 1941