Gill v. Middleton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. The constitution provides that probate courts shall have exclusive jurisdiction in matters relative to * * estates of deceased persons, * * administrators, * * etc.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. The constitution provides that probate courts shall have exclusive jurisdiction in matters relative to * * estates of deceased persons, * * administrators, * * etc. Probate courts having exclusive jurisdiction, any judgment- in any other court is coram non judice and void. 8 Blatch. 420 ; 69 Mo. 153; 47 id. 285; lb. 289. 2. An administrator is not subject to garnishment. 5 Ark. 55; 8 Mass. 247 ; 7 id. 259; 24 id. 496; 51 Ark. 361, 8 Am. & Eng. Ene. B. pp. 1138-39. 3. Want of jurisdiction is not waived by…
1Opinion of the CourtWood, J.
The appellee instituted garnishment proceedings against the appellant, as administrator, before a justice of the peace, and obtained judgment. This judgment was presented to the probate court for allowance and classification against the estate of which appellant was the administrator. The claim was disallowed, and the appellee appealed to the circuit court, where he obtained judgment, from which this appeal was prosecuted.
An administrator is not subject to garnishment. The proceedings before the justice — the basis of this, action — were coram non judice, and void. Fowler v. McClelland, 5…
2Cases cited2 opinions
- Thorn & Robins v. WoodruffSupreme Court of Arkansas · 1843
- Fowler v. McClellandSupreme Court of Arkansas · 1843
3Cited by2 opinions
- Galion Iron Works & Manufacturing Co. v. RussellDistrict Court, W.D. Arkansas · 1958
- Forehand v. American Collection Service, Inc.Supreme Court of Arkansas · 1991