Tharp v. Barnett
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. On the 8th of January, 1909, appellee as one of the heirs at law of Mrs. Eliza Deckard, deceased, filed a petition in the probate court of Independence County, alleging certain facts as causes for the removal of appellant as administrator of the estate of Mrs. Deckard, and praying the court to remove him.
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Appeal from Independence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. On the 8th of January, 1909, appellee as one of the heirs at law of Mrs. Eliza Deckard, deceased, filed a petition in the probate court of Independence County, alleging certain facts as causes for the removal of appellant as administrator of the estate of Mrs. Deckard, and praying the court to remove him. The court granted the prayer of the petition, making the following record entry of January 8, 1909, towit: “It is therefore considered, ordered and adjudged by the court that said John T. Tharp be and he…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appeals are taken from the probate court under the following statute:
“Appeals may be taken to the circuit court from all final orders and judgments of the probate court at any time within twelve months after the rendition thereof by the party aggrieved filing an affidavit and prayer for appeal with the clerk of the probate court, and upon the filing of such affidavit the court shall order an appeal.” Sec. 1348, Kirby’s Digest.
Under this statute, the circuit court was without jurisdiction; for the probate court made the order granting the appeal before any…
2Cases cited10 opinions
- Walker v. NollSupreme Court of Arkansas · 1909
- Matthews v. LaneSupreme Court of Arkansas · 1898
- Bank of the State v. HinchcliffeSupreme Court of Arkansas · 1842
- Hanna v. PitmanSupreme Court of Arkansas · 1868
- Merrill v. ManeesSupreme Court of Arkansas · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miller v. Oil City Iron WorksSupreme Court of Arkansas · 1931
- Carter v. MarksSupreme Court of Arkansas · 1919
- Huffman v. SudburySupreme Court of Arkansas · 1915
- Torrence v. BentonSupreme Court of Arkansas · 1934