Crosser v. Crosser
Supreme Court of Arkansas
Appeal from Independence Chancery Court; G. T. Humphreys, Chancellor; 1. The commissioners were not sworn before or after they entered upon their duties .as such, and they did not swear to their report as required by law. Kirby’s Digest, § 5781. 2. Commissioners must conform strictly to the orders and judgment of the court. Kirby’s Digest, § § 5778, 5779, 5780 .and 2726; 24 Am. & Eng.
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Appeal from Independence Chancery Court; G. T. Humphreys, Chancellor; 1. The commissioners were not sworn before or after they entered upon their duties .as such, and they did not swear to their report as required by law. Kirby’s Digest, § 5781. 2. Commissioners must conform strictly to the orders and judgment of the court. Kirby’s Digest, § § 5778, 5779, 5780 .and 2726; 24 Am. & Eng. Enc. of L. (2 ed.), 229, 230. In this case, they exceeded their authority when they divided property which was not included in the order and judgment of the court. Their report, and the decree of court…
1Opinion of the Court
■Smith, J.
The parties to this litigation were husband and wife, the wife being the plaintiff in the suit below in which she asked both a divorce and the setting aside to her of the share of the husband’s property allotted the wife under section 2681 of Kirby’s Digest, upon the dissolution of a marriage, by a divorce to the wife. The divorce was granted and appellant makes no complaint of this action of the court, but by this appeal he questions the division made of his property.
Upon granting the decree for the divorce the court appointed one S. B. Wycough as a master with directions “to make…
2Cases cited4 opinions
- Hewitt v. CoxSupreme Court of Arkansas · 1891
- Salinger v. BlackSupreme Court of Arkansas · 1900
- Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
- Hix v. Sun InsuranceSupreme Court of Arkansas · 1910
3Cited by13 opinions
- Alston v. BitelySupreme Court of Arkansas · 1972
- Hackett v. HackettSupreme Court of Arkansas · 1982
- Biddle v. BiddleSupreme Court of Arkansas · 1944
- Mayo v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1917
- Oliver v. HowieSupreme Court of Arkansas · 1926
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