Price v. Peterson
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. It was wrong to compound interest. Gantt’s Digest, ■secs. 4277 and 4283 ; 21 Arle., 182 ; 22 lb., 2. 2. Probate court had no jurisdiction. Avery Peterson was married, and the guardianship ceased. Gantt’s Digest, ■ sec. 3094. What jurisdiction had the probate court after =the guardianship ceased? The interest should have been at ten per cent, and no commissions allowed.
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APPEAL from White Circuit Court. Hon. J. N. Cypert, Circuit Judge. 1. It was wrong to compound interest. Gantt’s Digest, ■secs. 4277 and 4283 ; 21 Arle., 182 ; 22 lb., 2. 2. Probate court had no jurisdiction. Avery Peterson was married, and the guardianship ceased. Gantt’s Digest, ■ sec. 3094. What jurisdiction had the probate court after =the guardianship ceased? The interest should have been at ten per cent, and no commissions allowed. Gantt’s Digest, sec. 3076 ; 23 Arle., 47, The interest was properly compounded. Gantt’s Digest, ■secs. 3076, 3090 ; 8 American Decisions, 679 ; Lay v. Barns,…
1Opinion of the CourtEakin, J.
Upon citation from the probate court of "White county, at the instance of Avery Peterson (formerly Price), the appellant, E. E. Price, came in and filed for final settlement his account as guardian of said Avery. The probate court, upon exceptions, adjusted the account, finding a balance against the guardian. He appealed to the Circuit Court, where the account was restated by a special auditor, under the directions of the court, charging the guardian with compound interest, at six per cent, upon all moneys which came into his hands, allowing credits from time to time, and making annual rests.…
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