Hayes v. Hargus
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. On the 20th day of June, 1911, Mrs. Catherine Hargus died leaving two sets of children, three by her husband, Hargus, and several children by her former husband Hayes. She owned a valuable estate consisting of real estate and personal property. Frank Hargus was appointed administrator of her estate. He moved out of the State without administering the estate of which he was appointed administrator.
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. On the 20th day of June, 1911, Mrs. Catherine Hargus died leaving two sets of children, three by her husband, Hargus, and several children by her former husband Hayes. She owned a valuable estate consisting of real estate and personal property. Frank Hargus was appointed administrator of her estate. He moved out of the State without administering the estate of which he was appointed administrator. The Hayes heirs filed their petition in the probate court making the Hargus children defendants, setting up that Frank…
1Opinion of the CourtWood, J.
(after stating the facts). There was no motion for new trial and no bill of exceptions. The cause “was submitted upon the account current of Frank Hargus, plaintiffs’ exceptions thereto, and the vouchers exhibited to said account current, and the record and evidence as to their validity and correctness.’(1) In London v. McGehee, Trustee, 26 Ark. 469, we said: 1 ‘ The uniform holding of this court is that where the record shows that the cause was heard upon oral testimony and that testimony has not been- brought into the record by bill of exceptions, this court will presume, on appeal, in…
2Cases cited3 opinions
- Percifull v. PlattSupreme Court of Arkansas · 1880
- Williams v. StateSupreme Court of Arkansas · 1886
- Bassham v. Railway Co.Supreme Court of Arkansas · 1894
3Cited by3 opinions
- State v. LawrenceSupreme Court of Arkansas · 1969
- Smith v. Wallis-McKinney Coal Co.Supreme Court of Arkansas · 1919
- McKinney v. CaldwellSupreme Court of Arkansas · 1952