Davenport v. Davenport
Supreme Court of Arkansas
Appeal from Marion Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT, ' The appellant held a claim in the form of a promissory note against the estate of which appellee is the administratrix.
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Appeal from Marion Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT, ' The appellant held a claim in the form of a promissory note against the estate of which appellee is the administratrix. After appellee had refused to allow the note as a claim against the estate, appellant presented it to the probate court for allowance and classification, and, at the time of the presentation of the same, appellee appeared and filed a motion to dismiss it; but the motion was overruled and the claim was allowed and judgment was entered thereon, from which action the appellee appealed to the…
1Opinion of the Court
Smith, J.,
(after stating the facts). Section 114 of Kirby’s Digest is as follows:
“And the claimant shall also append to his demand an affidavit of its justice, which may be made by himself, or an agent, attorney, or other person. If made by the claimant, it shall state that nothing has been paid or delivered toward the satisfaction of the demand, except what is credited thereon, and that the sum demanded, naming it, is justly due. If made by any other person, it shall state that the affiant is acquainted with the facts sworn to, or that he has made diligent inquiry and examination, and that…
2Cases cited3 opinions
- Eddy v. LoydSupreme Court of Arkansas · 1909
- Wilkerson v. EadsSupreme Court of Arkansas · 1911
- State Bank v. WalkerSupreme Court of Arkansas · 1853
3Cited by11 opinions
- Keffer v. StuartSupreme Court of Arkansas · 1917
- Hannah v. StateSupreme Court of Arkansas · 1931
- Hardy v. HardySupreme Court of Arkansas · 1939
- Carl-Lee v. GriffithSupreme Court of Arkansas · 1922
- Little v. Arkansas Trust & Banking Co.Supreme Court of Arkansas · 1916
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