Legal Opinion

Fancher v. Kenner

Supreme Court of Arkansas

Decided November 10, 1913PublishedCited by 17 opinions

Appeal from Carroll Circuit Court, Eastern District; J. 8. Maples, Judge; STATEMENT BY THE COURT. The appellant, as executor of the estate of Margaret C. Kenner, filed in the probate court of Carroll County a petition alleging that appellee had in his possession money and personal property belonging to the estate of Margaret C. Kenner, and that he withheld or concealed the same from the petitioner.

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Appeal from Carroll Circuit Court, Eastern District; J. 8. Maples, Judge; STATEMENT BY THE COURT. The appellant, as executor of the estate of Margaret C. Kenner, filed in the probate court of Carroll County a petition alleging that appellee had in his possession money and personal property belonging to the estate of Margaret C. Kenner, and that he withheld or concealed the same from the petitioner. The petition asked that Kenner be required to answer what property he had belonging to the estate of Margaret C. Kenner, and that he be required to deliver the same to the executor. There was a…

1Opinion of the Court

Wood, J.,

(after stating the facts). The appellant complains because the court refused to suppress the deposition of a certain witness, giving as his reason that the witness declined to answer questions, and that her statements were inadmissible. We have examined the questions which appellant contends the witness refused to answer, and do not find that they tended to elicit facts that were material to the controversy, and therefore there was no prejudice in the court’s ruling.

The court gave, among others, the following instructions :

“7. The court instructs the jury, that one has a right to…

2Cases cited7 opinions

  1. Moss v. SandefurSupreme Court of Arkansas · 1854
  2. Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
  3. Harmon v. FryeSupreme Court of Arkansas · 1912
  4. Strickland v. StricklandSupreme Court of Arkansas · 1912
  5. Geren v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
  2. Lindholm v. NelsonSupreme Court of Kansas · 1928
  3. Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
  4. Shane v. DicksonSupreme Court of Arkansas · 1914
  5. Moss v. MooseSupreme Court of Arkansas · 1931

12 more not listed; retrieve them via the Exa API.

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