Legal Opinion · Dissent

Shegogg v. Perkins

Supreme Court of Arkansas

Decided May 15, 1879Published

APPEAL from Pulaski Chancery Court. lion. J. R. Eakin, Chancellor.

1DissentHarrison, J.

I am unable to conftur in the conclusion reached in the opinion of the court, that no other creditors but those residing in this state were entitled to prove their claims in the administration here.

For such a distinction there is in my mind no well-grounded or satisfactory reason.

Though an ancillary administration is, as it is said, subservient to the rights of creditors, legatees and distributees who are residents within the state or county where it is granted, the rights of all are to be regarded; their protection is not the primary object of such administration.

During his lifetime, the law…

2Cases cited3 opinions

  1. Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
  2. Rosenthal v. RenickIllinois Supreme Court · 1867
  3. Cummings v. BanksNew York Supreme Court · 1848

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