Petty v. Ducker
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. When the inferior court was without jurisdiction, its judgment may be quashed by certiorari. 39 Ark., 347; Mansf. Dig., sec. 1368. If the clerk had no power to take the probate of a will in vacation, the court had no jurisdiction.
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APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. When the inferior court was without jurisdiction, its judgment may be quashed by certiorari. 39 Ark., 347; Mansf. Dig., sec. 1368. If the clerk had no power to take the probate of a will in vacation, the court had no jurisdiction. Wells on Jur. of Courts, sec. 271; lb., sec. 46; 4 Foster (N. H.,j 124. The clerk, in taking the proof of the will, acted without authority of law and his act is void, and the court could not get jurisdiction by confirming his void acts. 30 Ark., 487. The probate of a will is a judicial act,…
1Opinion of the CourtBattle, J.
Mary D. Foster died at Eureka Springs, in Carroll county in this State, leaving a last will and testament, which was presented to the clerk of the Carroll probate court, in vacation, for probate. The clerk, thereupon, proceeded to take the depositions of the three subscribing witnesses to the will. Each of them testified that Mary D. Foster signed the will in the presence of the subscribing witnesses, and declared it to be her last will and testament, and that each of them, at her request, in her presence and in the presence of each other, signed the will at the end thereof, as witnesses, and…
2Cited by8 opinions
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- Horton v. BartoWashington Supreme Court · 1910
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