Williams v. Walden
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; statement by the court. E. F. C. Walden presented to the administrator of the estate of R. E. Walden the following claim: To taking care of R. E. Walden during his last sickness in which he was confined to his bed for three years at $7.50 per month, $270. The account was duly verified. The administrator refused to allow it, and it was presented to the probate court fo,r allowance.
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Appeal from Howard Circuit Court; James S. Steel, Judge; statement by the court. E. F. C. Walden presented to the administrator of the estate of R. E. Walden the following claim: To taking care of R. E. Walden during his last sickness in which he was confined to his bed for three years at $7.50 per month, $270. The account was duly verified. The administrator refused to allow it, and it was presented to the probate court fo,r allowance. The probate court refused the claim, and appellee, plaintiff below, appealed to the circuit court. There appellant, as administrator, filed an answer to the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The appellee testified in his own behalf as to the services he performed in nursing his father. The testimony of appellee related to transactions had with the intestate by which appellee attempts to recover upon the strength of a contract, express or implied, to pay for such services. The suit is against the administrator, and under section 2 of the Schedule of the Constitution and the decision of this court in Cash v. Kirkham, 67 Ark. 318, the testimony was improper. See also Jarvis v. Andrews, 80 Ark. 277; Wilson v. Edwards, 79 Ark. 69; Miller v.…
2Cases cited8 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Reynolds' Adm'r v. ReynoldsCourt of Appeals of Kentucky · 1892
- Miller v. JonesSupreme Court of Arkansas · 1877
- Zimmerman v. ZimmermanSupreme Court of Pennsylvania · 1889
- Cash v. KirkhamSupreme Court of Arkansas · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Brown v. BrownDistrict of Columbia Court of Appeals · 1987
- Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
- Rankin v. MorganSupreme Court of Arkansas · 1937
- Graves v. BowlesSupreme Court of Arkansas · 1935
- Carter v. YoungerSupreme Court of Arkansas · 1916
17 more not listed; retrieve them via the Exa API.