Boles v. Jessup
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. George S. Cunningham, Judge. 1. It was error to permit Cox to amend by making a new party plaintiff. 34 Ark. 144; Mansf. Dig. sec. 4933. 2. The statute of limitations commenced to run from the April term, 1883, of the probate court, and the suit was barred. 36 Ark. 221; Mansf.
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Appeal from Yell Circuit Court, Dardanelle District. George S. Cunningham, Judge. 1. It was error to permit Cox to amend by making a new party plaintiff. 34 Ark. 144; Mansf. Dig. sec. 4933. 2. The statute of limitations commenced to run from the April term, 1883, of the probate court, and the suit was barred. 36 Ark. 221; Mansf. Dig. sec. 4934; 11 S. W. Rep. 12. 3. The order of the probate court became final after the lapse of the term. 12 Ark. 95. The subsequent order setting' it aside was void. 41 Ark. 104.
1Opinion of the Court
Battle, j.
This action was brought by Thomas Cox against Thomas Boles in the Yell circuit court, for the Dardanelle district. The complaint is very vague. As we understand it, it substantially alleges as follows r Mercator Jessup was the administrator of the estate of H. B. Hendrix, deceased. Thomas Boles held claims probated against the estate in the aggregate sum of $8,661.48. Jessup paid to him on these claims, through mistake, a dividend of ten per cent., when in fact he was only entitled to four and a half. When he made his final settlement Jessup became individually liable for the amount…
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