Boyd v. Roane
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. 1. The record shows that summons was issued for the minor defendants ; that a guardian ad litem was appointed ; and the statute requires service of process before the appointment of a guardian. Gotdd’s Dig., p. 852, 219. The phrase “ et all' has the same legal effect as if the name of every defendant was set out.
Read the full summary
APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. 1. The record shows that summons was issued for the minor defendants ; that a guardian ad litem was appointed ; and the statute requires service of process before the appointment of a guardian. Gotdd’s Dig., p. 852, 219. The phrase “ et all' has the same legal effect as if the name of every defendant was set out. The appointment of a guardian ad litem, and his appearance, as shown by the decree,' and the fact that summons was issued, raise a strong presumption that they were served, and oral testimony is not allowable…
1Opinion of the CourtCockrill, C. J.
John Selden Roane died in 1867 seized of a large plantation, upon which he resided, in Jefferson county, Arkansas, known as “ Contentment.” At the time of his death his plantation, consisting of about 1335 acres of land, was encumbered with a mortgage to one Powell, and also in part with a Real Estate Bank mortgage. In 1868 suit was instituted in the Circuit Court of Jefferson county, in chancery, to foreclose the Powell mortgage. The widow and heirs at law, and the administrator of the estate of Roane, were made parties defendant to the bill. The heirs were all minors. Process issued for all…
2Cases cited11 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Williams v. BankheadSupreme Court of the United States · 1874
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Coit v. HavenSupreme Court of Connecticut · 1861
- Walsh v. WalshMassachusetts Supreme Judicial Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Clay v. BilbySupreme Court of Arkansas · 1904
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Balbridge v. SmithSupreme Court of Oklahoma · 1919
41 more not listed; retrieve them via the Exa API.