Hill v. Pipkins
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styres T. Rowe, Judge. The claim was not properly presented to the probate court. Sand. & H. Dig. § ill; 14 Ark. 471; 16 Ark. 647. An administrator cannot waive a defect in the affidavit. 19 Ark. 224; 30 Ark. 756. The affidavit cannot be supplied after the presentation. 48 Ark. 304; 25 Ark. 326. The objection to the affidavit may be taken at any time before final judgment. 14 Ark. 237; 7 Ark. 78; 66 Ark. 327. The note was barred by the…
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Appeal from Sebastian Circuit Court. Styres T. Rowe, Judge. The claim was not properly presented to the probate court. Sand. & H. Dig. § ill; 14 Ark. 471; 16 Ark. 647. An administrator cannot waive a defect in the affidavit. 19 Ark. 224; 30 Ark. 756. The affidavit cannot be supplied after the presentation. 48 Ark. 304; 25 Ark. 326. The objection to the affidavit may be taken at any time before final judgment. 14 Ark. 237; 7 Ark. 78; 66 Ark. 327. The note was barred by the statute of limitations. 70 Fed. 529; 3 Mason, 329; 1 Paige, 239; 19 How. 69; 38 Miss. 503; 2 Munf. 511; 23 Ark. 510; 65 S.…
1Opinion of the CourtBattre, J.
On the 15th day of April, 1886, L. P. Sandels executed to H. C. Ernest his promissory note for the sum of $500 and 10 per centum per annum interest thereon from date until paid. The note was made payable on or before the 15th day of April, 1888. Ernest died. On the 14th day of April, 1893, T. R. Pipkins, as administrator of his estate, commenced an action in the circuit court for the Port Smith District of Sebastian county to rfecover the amount due on the note. Sandels filed an answer,; and thereafter died on the 6th of October, 1893. The action was revived, against Joseph M. Hill, as…
2Cases cited2 opinions
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3Cited by7 opinions
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- Wallace v. SwepstonSupreme Court of Arkansas · 1905
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- Follette v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 1995
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