McKenzie v. Crowley
Supreme Court of Arkansas
Appeal from G-reene Circuit Court; J. F. Gcmtney, Judge; There is no ambiguity in the statute. The words, “judgment creditor,” were used in their legally accepted sense, and that this is true is shown by the words joined to them hy the conjunction “or,” the words “heir, de-visee, legatee. ’ ’ To hold that the phrase, “judgment creditor,” embraces the class of claims, such as accounts, notes, etc., which, when presented to the probate court, might be partly allowed, such…
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Appeal from G-reene Circuit Court; J. F. Gcmtney, Judge; There is no ambiguity in the statute. The words, “judgment creditor,” were used in their legally accepted sense, and that this is true is shown by the words joined to them hy the conjunction “or,” the words “heir, de-visee, legatee. ’ ’ To hold that the phrase, “judgment creditor,” embraces the class of claims, such as accounts, notes, etc., which, when presented to the probate court, might be partly allowed, such partial allowance making a judgment creditor of the claimant, would result in making a proviso broader than 'the act. 46…
1Opinion of the CourtSmith, J.
Appellant presented to appellee, as administrator of the estate of B. H. Crowley, Sr., a properly verified account for .services rendered as a physician during the last illness of appellee’s intestate. The claim amounted to $56, and was disallowed by the administrator. Appellant then presented the claim to the probate court, where he was allowed $6, and he prayed, and was granted, an .appeal to the .circuit court. Appellee filed a motion in the circuit court to dismiss the appeal because appellant had failed to file in the probate court a bond to cover the costs, of the appeal. The circuit…
2Cases cited1 opinion
- Hall v. RutherfordSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Morris v. RaymondSupreme Court of Arkansas · 1918
- Perrin v. LinerSupreme Court of Arkansas · 1917
- Beneux v. BeneuxSupreme Court of Arkansas · 1935