Mack v. Johnson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Argue several questions not decided. Secs. 2599, 2600 and 2601 were repealed by the Constitution of 1864. Schedule, sec. 7 ; 24 Ark. 479; 26 id. 523; 19 111. 38. Osborne’s case (24 Ark. 479) is not overruled by 30 Ark. 198, or 49 id. 554. When a people meet in convention to adopt a constitution, the only limitation upon its power must be found in the inhibitions of some paramount law.
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Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Argue several questions not decided. Secs. 2599, 2600 and 2601 were repealed by the Constitution of 1864. Schedule, sec. 7 ; 24 Ark. 479; 26 id. 523; 19 111. 38. Osborne’s case (24 Ark. 479) is not overruled by 30 Ark. 198, or 49 id. 554. When a people meet in convention to adopt a constitution, the only limitation upon its power must be found in the inhibitions of some paramount law. Cooley, Const. Dim. (6 ed.) 45; 31 N. Y. 9. There is no paramount law, except the constitution of the U. S. Whether the…
1Opinion of the CourtWood, J.
We are asked by this appeal to determine whether a widow is entitled to a child’s part in the estate of her deceased husband, under sec. 2599, Mansf. Dig., which is as follows : “The widow of any deceased person, who shall file in the office of the clerk of the ■court of probate, or with the probate court of the proper county, a relinquishment of her right of dower in and out of the estate of her deceased husband, shall be entitled to receive of the estate of which her said husband ■died seized and possessed, whether real, personal or mixed, a portion or share thereof, absolutely in her own…
2Cases cited8 opinions
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Worthen v. RatcliffeSupreme Court of Arkansas · 1883
- Hawkins v. FilkinsSupreme Court of Arkansas · 1866
- Buckingham v. HallettSupreme Court of Arkansas · 1867
- Ex parte OsbornSupreme Court of Arkansas · 1866
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3Cited by5 opinions
- State ex rel. Little Rock v. DonagheySupreme Court of Arkansas · 1912
- Stull v. GrahamSupreme Court of Arkansas · 1895
- LaCotts v. QuertermousSupreme Court of Arkansas · 1907
- State of Wyoming; Mark Gordon, Governor of Wyoming; Bridget Hill, Attorney General for the State of Wyoming v. Danielle Johnson; Kathleen Dow; Giovannina Anthony, M.D.; Rene R. Hinkle, M.D.; Chelsea's Fund; and Circle of Hope Healthcare D/B/A Wellspring Health AccessWyoming Supreme Court · 2026
- State ex rel. Little Rock v. DonagheySupreme Court of Arkansas · 1912