Carter v. Marks
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. There was no affidavit and prayer for appeal. Kirby’s Digest, § 1348; 2 Cyc. 4 A, 24 (3). The affidavit was not sufficient under our law. Kirby’s Dig., § 1348; 28 Ark. 297. 2. The petition for mandamus was not sworn to. 26 Ark. 237. 3. The petition for mandamus was not filed in time. He wanted too long. 26 Cyc. 395; Kirby’s Dig., § 5090; 166 S. W. 546. 1. There was no defect in the affidavit for appeal.
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Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. There was no affidavit and prayer for appeal. Kirby’s Digest, § 1348; 2 Cyc. 4 A, 24 (3). The affidavit was not sufficient under our law. Kirby’s Dig., § 1348; 28 Ark. 297. 2. The petition for mandamus was not sworn to. 26 Ark. 237. 3. The petition for mandamus was not filed in time. He wanted too long. 26 Cyc. 395; Kirby’s Dig., § 5090; 166 S. W. 546. 1. There was no defect in the affidavit for appeal. If the word swear was omitted, it was in unintentional omission — a mere clerical error and amendable. 2 Cyc. 4 A. Kirby’s Digest, §…
1Opinion of the CourtSmith, J.
Appellee filed a petition in the Bradley Circuit Court, praying that a writ of mandamus issue directing the probate court of that county to grant him an appeal from an order of that court disapproving a settlement filed by him as executor of an estate which he was administering. In his petition therefor he alleged that on March 16, 1917, the court had passed upon and had disapproved his settlement, and that on October 8, 1917, he had filed with the clerk of the probate court the following affidavit for an appeal to the circuit court: “Before T. A. Carter, probate judge. Birt Marks v. F. K.…
2Cases cited6 opinions
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Rolfe v. Spybuck Drainage District No. 1Supreme Court of Arkansas · 1911
- Vance v. City of Little RockSupreme Court of Arkansas · 1875
- State v. Board of Directors of School DistrictSupreme Court of Arkansas · 1916
- Matthews v. LaneSupreme Court of Arkansas · 1898
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3Cited by5 opinions
- Miller v. Oil City Iron WorksSupreme Court of Arkansas · 1931
- Huie v. BarkmanSupreme Court of Arkansas · 1929
- Brown v. CurtisSupreme Court of Arkansas · 1973
- Chavis v. GoldenSupreme Court of Arkansas · 1956
- Greening v. DishonghSupreme Court of Arkansas · 1986