Williams v. Wheeler
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court, Northern District; E. D. Robertson, Chancellor; 1. The action of the clerk was final. The court was without jurisdiction to quash the supersedeas on motion. No proof was taken. Kirby’s Digest, § 3906; 103 Ark. 201. 2. A postmaster’s bond is a contract. 31 Cyc. 281. 1. The clerk was unauthorized to issue the supersedeas. Kirby’s Digest, § 3906. 2. The court had jurisdiction. 80 Ark. 1. Its decision was correct.
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Appeal from Woodruff Chancery Court, Northern District; E. D. Robertson, Chancellor; 1. The action of the clerk was final. The court was without jurisdiction to quash the supersedeas on motion. No proof was taken. Kirby’s Digest, § 3906; 103 Ark. 201. 2. A postmaster’s bond is a contract. 31 Cyc. 281. 1. The clerk was unauthorized to issue the supersedeas. Kirby’s Digest, § 3906. 2. The court had jurisdiction. 80 Ark. 1. Its decision was correct. Appellees were sureties and paid the judgment. 18 Cyc. 1395, note 46; 190 Fed. Ill; 96 N. E. 561.
1Opinion of the CourtHumphreys, J.
A suit was instituted on February 24,1916, in the chancery court for the Northern District of Woodruff County, by Annie Jones et ail. against Willie Jones et al., to partition certain real estate belonging to plaintiffs and defendants. A decree of partition and order of sale was rendered and the property sold pursuant thereto. It was ascertained that one-sixth of the proceeds Of the sale belonged to Willie Williams. Some of his creditors intervened for the amount. Charles Wheeler and Addie Perkins were intervening creditors for $609.55, including interest, on account of having paid a judgment…
2Cases cited5 opinions
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- National Surety Co. v. Bertig Bros.Supreme Court of Arkansas · 1917
- Green v. RobertsonSupreme Court of Arkansas · 1906
- Blass v. ErberSupreme Court of Arkansas · 1898
3Cited by3 opinions
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- Dove v. DonnSupreme Court of Arkansas · 1942
- Montgomery v. BlankenshipSupreme Court of Arkansas · 1951