Legal Opinion

McCarthy v. Troll

Supreme Court of Arkansas

Decided April 19, 1909PublishedCited by 5 opinions

Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This is an action by Henry Troll, public administrator in charge of the estate of Don C. Thatcher, deceased, of St. Louis, Missouri, upon a judgment which, it was alleged, one William C. Richardson, who was then public administrator of the city of St. Louis in the State of Missouri, and who as such administrator was in charge of the estate of said Don C. Thatcher, deceased, had recovered against…

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Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This is an action by Henry Troll, public administrator in charge of the estate of Don C. Thatcher, deceased, of St. Louis, Missouri, upon a judgment which, it was alleged, one William C. Richardson, who was then public administrator of the city of St. Louis in the State of Missouri, and who as such administrator was in charge of the estate of said Don C. Thatcher, deceased, had recovered against the said P. J. McCarthy and Nellie McCarthy on the 7th day of May, 1900, in the circuit court of the city of St. Douis,…

1Opinion of the CourtHart, J.

(after stating the fact). In the’ case of Hallum v. Dickinson, 47 Ark. 120, it was held that, “to maintain an action on a judgment against a plea of nul tiel record, a certified copy of the judgment is not sufficient, but all the pleadings and proceedings on which the judgment is founded, and to which as a matter of record it necessarily refers, must be produced.” See also Hall v. Roulston, 70 Ark. 343; Swing v. St. Louis Refrigerator & Wooden Gutter Co., 78 Ark. 246.

Counsel for appellant contend that this requirement was not complied with in the present case. This' action was commenced on…

2Cases cited3 opinions

  1. Hallum v. DickinsonSupreme Court of Arkansas · 1886
  2. Swing v. St. Louis Refrigerator & Wooden Gutter Co.Supreme Court of Arkansas · 1906
  3. Hall v. RoulstonSupreme Court of Arkansas · 1902

3Cited by5 opinions

  1. Fromholz v. McGaheySupreme Court of Arkansas · 1915
  2. Heinemann Dry Goods Company v. SchiffSupreme Court of Arkansas · 1925
  3. Ashton v. AshtonSupreme Court of Arkansas · 1936
  4. Taylor v. BaconSupreme Court of Arkansas · 1912
  5. McCraw, Administratrix v. SimpsonSupreme Court of Arkansas · 1945

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