Legal Opinion

Hogane v. Hogane

Supreme Court of Arkansas

Decided April 8, 1893PublishedCited by 7 opinions

Appeal from Miller Circuit Court. Ru®us D. Hearn, Judge. Section 513, civil code, is the law governing* appeals from orders admitting' wills to probate, and is not repealed by sec. 1386, Mansf. Dig.

Read the full summary

Appeal from Miller Circuit Court. Ru®us D. Hearn, Judge. Section 513, civil code, is the law governing* appeals from orders admitting' wills to probate, and is not repealed by sec. 1386, Mansf. Dig. Acts passed upon the same subject must be taken and construed together and made to stand if capable of being' reconciled. 3 Ark. 285; 4 id. 410; 40 id. 448. Sec. 1386 does not repeal sec. 513, code, nor does it conflict with it, but was intended to extend the time for taking appeals from general and promiscuous orders of courts having probate jurisdiction. Reviewing act April 16, 1873; act No. 14,…

1Opinion of the CourtMansEieed, J.

The will of James T. Hogane was admitted to record by an order ot the probate court on the 9th day of September, 1889. More than twelve months thereafter Edward E. Hogane appealed from the order, and his appeal was dismissed by the circuit court for the reason that it was not taken within the time prescribed by the act of March 24th, 1875. (Mansf. Dig. secs. 1386-1393.) This appeal is from the judg-ment of dismissal, and the only question it presents is, whether the act of 1875 applies to appeals from orders probating and admitting wills to record. It is contended that it does not, and that…

2Cases cited2 opinions

  1. United States v. TynenSupreme Court of the United States · 1871
  2. Dowell v. TuckerSupreme Court of Arkansas · 1885

3Cited by7 opinions

  1. Ouachita Baptist College v. ScottSupreme Court of Arkansas · 1897
  2. Morris v. RaymondSupreme Court of Arkansas · 1918
  3. Gray v. ParksSupreme Court of Arkansas · 1910
  4. Chapple v. GidneySupreme Court of Oklahoma · 1913
  5. Dunn v. BradleySupreme Court of Arkansas · 1927

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API