Ward v. Magness
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Frederick D. Fuekerson, Judge. statement by the court. Johnson and Adams were neighbors in Independence County, -■and, while hunting together, Johnson accidentally killed Adams. Johnson was childless, and took an infant daughter of Adams to rear as his own after her father’s death.
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Appeal from Independence Circuit Court. Frederick D. Fuekerson, Judge. statement by the court. Johnson and Adams were neighbors in Independence County, -■and, while hunting together, Johnson accidentally killed Adams. Johnson was childless, and took an infant daughter of Adams to rear as his own after her father’s death. The child was only three years old when orphaned, and was cared for by Johnson as his own till her marriage, and afterwards he helped her husband in business matters in a substantial 'and generous way. When the child, Ida Bell, this appellee, was about fifteen years of age,…
1Opinion of the Court
Hiuu, C. J.,
(after stating the facts.) The sole question for determination is the amendment of the record by the nunc pro tunc order of September 3, 1902. In Morris v. Dooley, 59 Ark, 483, an order like the one in question was held void on collateral attack because the record failed to show affirmatively that the child was a resident of the county where the order was made. Recognizing the invalidity of the order on its face, the appellee, as soon as she learned its validity was disputed by the widow and next of kin, applied to the probate court to correct the order, alleging that by clerical…
2Cases cited2 opinions
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