Legal Opinion

Byrd v. State ex rel. Ashley

Supreme Court of Arkansas

Decided July 15, 1854PublishedCited by 1 opinion

Error to PulasM Circuit Cou/rt.. Hon. Vi. H. Feild, Circuit Judge.- Under the order of the- Probate Court, a demand on Byrd was necessary in order for the plaintiff to maintain the action; and whenever a previous demand is necessary, it is also* necessary to allege it specially in the declaration, with certainty as to time, &c. Irwm vs. Wells,. 1 Mo. S&p. 13/ 1 Ch.-Pl. 322/ jlrch..

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Error to PulasM Circuit Cou/rt.. Hon. Vi. H. Feild, Circuit Judge.- Under the order of the- Probate Court, a demand on Byrd was necessary in order for the plaintiff to maintain the action; and whenever a previous demand is necessary, it is also* necessary to allege it specially in the declaration, with certainty as to time, &c. Irwm vs. Wells,. 1 Mo. S&p. 13/ 1 Ch.-Pl. 322/ jlrch.. Civ.- PI.. 168. The damages in the declaration and writ were laid at one dollar, and it was error to render a judgment for more damages than claimed. [Arab,. Oiv. PI. 170; 2 Oh. PI. 15, in note 9; 7 Humph. P§p. 76;…

1Opinion of the Court

Mr. Justice Wai/kbr

delivered tbe opinion of tbe Court.

Bichará C. Byrd was appointed administrator of tbe estate of James B. Gladish, deceased, and entered into bond witb bis co-defendants, bis securities, for tbe faithful performance of bis duties as sucb administrator. Subsequently, upon a settlement witb the Probate Court, be was found to be indebted to tbe «estate $1,118. And, thereupon, tbe Court revoked bis letters of administration, appointed Joseph O. Ashley administrator de bonis non of said estate, and made an order directing Byrd to pay tbe $1,118, so remaining in bis bands upon…

2Cases cited2 opinions

  1. Dillard v. NoelSupreme Court of Arkansas · 1840
  2. Fort v. HundleySupreme Court of Arkansas · 1843

3Cited by1 opinion

  1. McCoy v. State ex rel. Jackson Co.Supreme Court of Arkansas · 1860

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