Padgett v. State ex rel. Coleman
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. There is no breach of the bond alleged. Because the action of the probate court, through A. J. Young as the next friend of said minor, Ladd, requiring said W. B. Padgett, as administrator of said John J. Palmer, deceased, was null and void, as said A. J. Young was not the successor in office to said Palmer, as required by the bond.
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APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. There is no breach of the bond alleged. Because the action of the probate court, through A. J. Young as the next friend of said minor, Ladd, requiring said W. B. Padgett, as administrator of said John J. Palmer, deceased, was null and void, as said A. J. Young was not the successor in office to said Palmer, as required by the bond. Hence the probate court had no jurisdiction to cite said administrator to appear to answer the demand of Young as next friend, nor any legal authority to render judgment thereon. 34 Ark.,…
1Opinion of the CourtSmith, J.
1. Statute of Limitations : On guardian’s
This was an action by the guardian of a minor on the bond of his predecessor in the trust; the defendant, Padgett, being sued both in his individual capacity as surety on the bond and also as administrator of the deceased guardian. The breach assigned was that the accounts of the former guardian had been settled by the probate court, a balance struck in favor of the ward, and an order to pay over, which had not been complied with after demand made. The first guardian had died, in the year 1875, and the probate court had not adjusted his accounts until…
2Cases cited1 opinion
- Morgan v. HamletSupreme Court of the United States · 1885
3Cited by5 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Euper v. StateSupreme Court of Arkansas · 1907
- Newbery v. WilkinsonU.S. Circuit Court for the District of Eastern Washington · 1911
- Stewart v. ThomassonSupreme Court of Arkansas · 1910
- Simon v. Pine Bluff Trust Co.Supreme Court of Arkansas · 1911