Legal Opinion

Arnett v. McCain

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 5 opinions

ERROR to Drew Circuit Court. Hon. H. B. Morse, Judge. Contend that plaintiffs in error can prosecute the writ of error, and cite Tidds Prac., 1189. Any party, his privies, or any one prejttdiced or who might be prejudiced by the judgment, may maintain error to reverse it. 7 J. J. Marsh., 642; 4 T. B. Mon., 132; 3 Green Law, 43; 2 Sattnd., 46; 6 Wheat, 260-64; 1 Georgia, 493; 6 Mete., 194; 9 Dana, 326; Gregg v. Gregg, 33 Ark., 89. No one except parties to the record can…

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ERROR to Drew Circuit Court. Hon. H. B. Morse, Judge. Contend that plaintiffs in error can prosecute the writ of error, and cite Tidds Prac., 1189. Any party, his privies, or any one prejttdiced or who might be prejudiced by the judgment, may maintain error to reverse it. 7 J. J. Marsh., 642; 4 T. B. Mon., 132; 3 Green Law, 43; 2 Sattnd., 46; 6 Wheat, 260-64; 1 Georgia, 493; 6 Mete., 194; 9 Dana, 326; Gregg v. Gregg, 33 Ark., 89. No one except parties to the record can prosecute a writ of error. 1 Ark., •19; lb. 20, 21; 7 Id., 73; lb., 246,387; 8 Id,, 399; 9 Id., 347; 20 How. 219; 13 Wall,…

1Opinion of the CourtSmith, J.

Samuel F. Arnett died intestate and insolvent in the year 1872, leaving a widow and two young children, and being the owner of a lot in the town of Monticello, which was his homestead. W. S. McCain was appointed his administrator, and debts to the amount of near fifteen hundred dollars were proved. In 1873, at the instance of John A. and James M. Owens, two of these creditors, the circuit court, which was then invested with, jurisdiction in matters of probate and administration, directed the administrator to sell the lot, subject to the widow’s dower .and homestead right. To- the petition…

2Cited by5 opinions

  1. Scott v. PennSupreme Court of Arkansas · 1900
  2. McLain v. DuncanSupreme Court of Arkansas · 1892
  3. Stricklin v. GallowaySupreme Court of Arkansas · 1911
  4. Turner v. WilliamsonSupreme Court of Arkansas · 1906
  5. Hall v. RutherfordSupreme Court of Arkansas · 1909

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