Morrow v. Walker
Supreme Court of Arkansas
Appeal from the Washington Circuit Court. James Walker and wife, Temperance, filed a petition in the Probate Court of Washington county, praying the removal of George Morrow from the guardianship of George T. Morrow, a minor. The Probate Court revoked the order appointing Morrow guardian of said minor, and appointed one Leach in his stead. Morrow prayed an appeal to the Circuit Court, filed the necessary affidavit, but no bond for costs, and the appeal was granted.
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Appeal from the Washington Circuit Court. James Walker and wife, Temperance, filed a petition in the Probate Court of Washington county, praying the removal of George Morrow from the guardianship of George T. Morrow, a minor. The Probate Court revoked the order appointing Morrow guardian of said minor, and appointed one Leach in his stead. Morrow prayed an appeal to the Circuit Court, filed the necessary affidavit, but no bond for costs, and the appeal was granted. At the October term (1849) of the Circuit Court, (Hon. William W. Floyd presiding,) the appellees moved to dismiss the appeal on…
1Opinion of the CourtChief Justice Johnson
This case, on the motion of the appellees, was dismissed by the Circuit Court for the w'ant of jurisdiction. The ground relied upon was, that there was no law authorizing the appeal. The act of 4th January, 1849, declares “that appeals shall be granted from any final order, judgment, or decree of the Probate Courts of this State, to the appropriate Circuit Courts, in the same manner as they are now allowed in certain cases from the Probate Court;” and “that appeals shall be granted from all orders or judgments of the County Court making allowances, or refusing to make allowance, to any…
2Cited by2 opinions
- Griffin v. LongSupreme Court of Arkansas · 1910
- Viser v. BertrandSupreme Court of Arkansas · 1853