Leigh v. Evans
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. Where the complaint shows on its face that the cause is barred, a demurrer to same should be sustained. 31 Ark. 684; 46 id. 438. More than three years had elapsed between the date of the last receipt and Leigh’s death.
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Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. Where the complaint shows on its face that the cause is barred, a demurrer to same should be sustained. 31 Ark. 684; 46 id. 438. More than three years had elapsed between the date of the last receipt and Leigh’s death. The cause of action was barred. 128 Ú. S. 26. There is no evidence that Leigh received any money in his capacity as attorney for Evans; but if there was, the claim is barred. 1 O' Ark. 228; 25 id. 462; 29 id. 99; 11 Ark. 228. The claim is not barred. 27 Ark. 343; 29 id. 90. As to the $l-,000, Leigh was a trustee.…
1Opinion of the CourtBattle, J.
Cassius Leigh died on the 7th of September, 1893, intestate. On the 21st of September, 1894, Thomas J. Evans, as administrator of A. T. Evans, deceased, presented a claim against his estate to his administratrix, in which he was charged in words and figures as. follows:
“The Estate of C. Leigh, Deceased,
To Thomas J. Evans, as Administrator of the Estate of A. T. Evans, Deceased, Debtor.
“1. To this sum paid to C. Leigh, to be credited in payment of claims probated in the Lafayette probate court against the estate of A. T. Evans, deceased, in favor of said Leigh, as per his receipt therefor,…
2Cases cited2 opinions
- McNeil v. Garland & NashSupreme Court of Arkansas · 1871
- Railway v. ShoecraftSupreme Court of Arkansas · 1890
3Cited by4 opinions
- Culberhouse v. HawthorneSupreme Court of Arkansas · 1913
- Watkins v. MartinSupreme Court of Arkansas · 1901
- Swing v. St. Louis Refrigerator & Wooden Gutter Co.Supreme Court of Arkansas · 1906
- Sprigg v. WilmansSupreme Court of Arkansas · 1942