Hastings v. United States Fidelity & Guaranty Co.
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. B. T. Hastings and three other of appellants, ■brought /suit for an acloounting against J. C. January as guardian and curator of Sarah E. January, their relative, alleging his failure to account for certain of her estate that came into his hands by reason of his appointment as guardian.
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Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. B. T. Hastings and three other of appellants, ■brought /suit for an acloounting against J. C. January as guardian and curator of Sarah E. January, their relative, alleging his failure to account for certain of her estate that came into his hands by reason of his appointment as guardian. A demurrer to the complaint was sustained and appellants .on August 21, 1913, joining all the other heirs but one, of Sarah E. January, deceased, as plaintiffs, filed their 'amended complaint against said January, the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) A general demurrer was sustained to the original complaint and the plaintiffs therein joining all the other heirs, but one made defendant, with themselves, filed what was termed an amended complaint against the defendant in the original complaint, the appellee surety company, and the other heir of the deceased, Sarah Elizabeth January, who was not joined as a party plaintiff. A summons was issued upon this complaint against 'appellee company and it was in effect the beginning of a new suit, the plaintiffs having the right to join all parties as…
2Cases cited8 opinions
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- Greer v. VaughanSupreme Court of Arkansas · 1910
- Warmack v. AskewSupreme Court of Arkansas · 1910
- Corbitt v. CarrollSupreme Court of Alabama · 1874
- Hauenstein v. GillespieMississippi Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Monks v. DuffleSupreme Court of Arkansas · 1924
- Bolmer v. United States Fidelity & Guaranty Co.District Court, W.D. Kentucky · 1935
- Hyde v. McNeelySupreme Court of Arkansas · 1937
- Renner v. Progressive Life InsuranceSupreme Court of Arkansas · 1937
- Tuchfeld v. HamiltonSupreme Court of Arkansas · 1941
3 more not listed; retrieve them via the Exa API.