Legal Opinion

State ex rel. McCreary v. Roth

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 8 opinions

APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. The court erred in dismissing plaintiff's complaint. Under no circumstances should the court have done more than dismiss the complaint without prejudice as prematurely brought. Mansfield’s Digest, 5102. No one questions the insufficiency of the third paragraph of the answer. 3‡ Ark., 1‡‡. This case differs fron Bakery.

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APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. The court erred in dismissing plaintiff's complaint. Under no circumstances should the court have done more than dismiss the complaint without prejudice as prematurely brought. Mansfield’s Digest, 5102. No one questions the insufficiency of the third paragraph of the answer. 3‡ Ark., 1‡‡. This case differs fron Bakery. State, 21 Ark, ‡02, and Tate v. Norton, 94- U. S., 338. The allegations of the complaint constitute such a devastavit as would warrant a suit by the State for the use of the heirs or distributees for the…

1Opinion of the Court

Cockkill C. J.

The question presented by the record in this case is as to the sufficiency of the complaint. The action was brought in the name of the state for the use of the children of Spruce W. McCreary, deceased, against John Roth, R. H. Stanford and Henry Nathan, sureties in the bond of J. F. Vaughan as administrator of said McCreary’s estate. The bond was in the penal sum of $2000, and was executed on the 19th day of February, 1875.

The breach of the condition of the bond assigned was, that upon the examination and confirmation of his final account and settlement, filed in the probate…

2Cases cited1 opinion

  1. Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876

3Cited by8 opinions

  1. Ferguson v. CarrSupreme Court of Arkansas · 1908
  2. Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
  3. Planters' Mutual Insurance v. HarrisSupreme Court of Arkansas · 1910
  4. State v. BuckSupreme Court of Arkansas · 1896
  5. Statham v. BrookeSupreme Court of Arkansas · 1919

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