Clark v. Bomford & Shumard
Supreme Court of Arkansas
Error to Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. It is respectfully, submitted that the Probate Court erred in substituting the account which had not been exhibited to the executor; and acting upon the same, instead of the account which had been exhibited and disallowed by the executor. The Circuit Court erred equally in affirming the judgment. It is maintained that the proceedings of both Courts in the premises were coram non judice.
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Error to Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. It is respectfully, submitted that the Probate Court erred in substituting the account which had not been exhibited to the executor; and acting upon the same, instead of the account which had been exhibited and disallowed by the executor. The Circuit Court erred equally in affirming the judgment. It is maintained that the proceedings of both Courts in the premises were coram non judice. See chap. 4 of the Rev. Stat., sec. 102. The error assigned, that it does not appear that the claim acted upon by the Probate Court was…
1Opinion of the CourtJustice Compton
This was a proceeding instituted in the Probate Court of Sebastian county, by Bomford & Shumard against Solomon F. Clark, as executor, etc., for the allowance and classification of an account for medical services, amounting to $526, against the estate of one Aaron Clark, deceased.
The Probate Court allowed Bomford & Shumard the sum of $226, and classed the same against the estate, which, on appeal to the Circuit Court, by the executor, was in all things affirmed, and he brought error.
The account was duly authenticated, and presented to the executor, who, upon examination, refused to allow it.…
2Cases cited2 opinions
- Beirne & Burnside v. ImbodenSupreme Court of Arkansas · 1853
- McKnight v. SmithSupreme Court of Arkansas · 1844
3Cited by2 opinions
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887
- Swinney v. StateSupreme Court of Arkansas · 1860