Hayden v. Hayden
Supreme Court of Arkansas
Appeal from Little River Court; Jeptha, H. Evans, Judge, on exchange; 1. A claim against a deceased person must be verified by affidavit. Kirby’s Dig., § 114. Such affidavit must be made prior to the commencement of suit, and where none is produced it is the duty of the court, on motion praying therefor, to enter judgment of nonsuit against the plaintiff.
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Appeal from Little River Court; Jeptha, H. Evans, Judge, on exchange; 1. A claim against a deceased person must be verified by affidavit. Kirby’s Dig., § 114. Such affidavit must be made prior to the commencement of suit, and where none is produced it is the duty of the court, on motion praying therefor, to enter judgment of nonsuit against the plaintiff. Kirby’s Dig., § 119. The statute requiring verification is mandatory and must be fully complied with. 25 Ark. 318; 30 Ark. 756; 45 Ark. 299; 48 Ark. 304; 66 Ark. 327. Motion for nonsuit may be taken advantage of at any time before final…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by Mattie Hayden, in her own right as widow of Enoch Hayden, deceased, and as administratrix of said decedent, against the executor of the estate of D. R. Hayden, deceased, to recover the value of certain crops of cotton, corn, and alfalfa, the property of said Enoch. Hayden, deceased, alleged to have been wrongfully converted by said D. R. Hayden to his own use. It is alleged in the complaint that Enoch Hayden died in April, 1905, in possession of a certain tract of land in Little River County, on which he had planted the crop aforesaid, and that thereafter said…
2Cases cited9 opinions
- Eddy v. LoydSupreme Court of Arkansas · 1909
- McIlroy Banking Co. v. DicksonSupreme Court of Arkansas · 1899
- Wilkerson v. EadsSupreme Court of Arkansas · 1911
- State Bank v. WalkerSupreme Court of Arkansas · 1853
- Ross v. HineSupreme Court of Arkansas · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dakota National Bank v. KleinschmidtSouth Dakota Supreme Court · 1914
- Keffer v. StuartSupreme Court of Arkansas · 1917
- Bonner v. SleddSupreme Court of Arkansas · 1923
- Berlin v. RainwaterSupreme Court of Arkansas · 1927
- Hardy v. HardySupreme Court of Arkansas · 1939
3 more not listed; retrieve them via the Exa API.