Weast v. Wickersham
Supreme Court of Arkansas
Appeal from Marion Circuit Court; J. I. Worthington, Judge; 1. The primary estate is wholly insolvent and, the judgments being unpaid, the appellant was compelled to pay, and did pay off, the claims and took an assignment. The ancillary estate is solvent and has ample funds to discharge the claims without recourse to a collection of this circuit court judgment against appellant. The demurrer was improperly sustained.
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Appeal from Marion Circuit Court; J. I. Worthington, Judge; 1. The primary estate is wholly insolvent and, the judgments being unpaid, the appellant was compelled to pay, and did pay off, the claims and took an assignment. The ancillary estate is solvent and has ample funds to discharge the claims without recourse to a collection of this circuit court judgment against appellant. The demurrer was improperly sustained. Upon the dissolution of the partnerships and the assumption by each partner of the debts owing by the firm business acquired by him, the relation of principal and surety became…
1Opinion of the CourtMcCulloch, C. J.
The circuit court sustained a demurrer to appellant’s complaint, and after1 refusing to plead further he appealed from the judgment of the court dismissing the complaint. The facts set forth in the complaint are in substance as follows:
Appellee’s intestate, J. E. Wickersham, resided in Stone County, Missouri, and died there, and letters of administration on the estate were duly issued by the court there, exercising probate jurisdiction. There was no administrator in Arkansas for a time, and the Missouri administrator instituted an action in the circuit court of Marion County, Arkansas,…
2Cases cited3 opinions
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Ewing-Merkel Electric Co. v. Lewisville Light & Water Co.Supreme Court of Arkansas · 1909
- Suhs v. Homewood Rice Land SyndicateSupreme Court of Arkansas · 1917