Perrin v. Liner
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Gowling, Judge; 1. Appellants in the circuit court were not parties to the record in the probate proceedings. .2. No sufficient affidavit for appeal was made. Kirby’s Digest,,§ 1348,; Act 327, Acts 1909, pp. 956-7. 3. The circuit court had. power and should have permitted appellants, to file' the bond nunc pro tunc. Kirby’s Digest, §.$ 1349-50, 1310-1-3Í1; 63 Ark. 145. 4. Sections 1349-40, Kirby’s Digest, aré not repealed.
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Appeal from Polk Circuit Court; Jefferson T. Gowling, Judge; 1. Appellants in the circuit court were not parties to the record in the probate proceedings. .2. No sufficient affidavit for appeal was made. Kirby’s Digest,,§ 1348,; Act 327, Acts 1909, pp. 956-7. 3. The circuit court had. power and should have permitted appellants, to file' the bond nunc pro tunc. Kirby’s Digest, §.$ 1349-50, 1310-1-3Í1; 63 Ark. 145. 4. Sections 1349-40, Kirby’s Digest, aré not repealed. Act 327, Acts 1909’. The acts can' be read together and there Is no repugnancy. 50 Ala. 276; 56 Id'. 500; Lewis’ Sutherland…
1Opinion of the CourtSmith, J.
Appellee probated a claim against the estate of (1. W. Liner on the 23d day of September, 1915. On December 31,1915, the heirs at law of Liner, by their attorneys, filed in the office of the clerk of the probate court an affidavit and prayer for appeal from the judgment of allowance of said claim, which appeal was granted. On October 17, 1916, appellee filed in the circuit court a motion to dismiss the appeal because of an insufficient affidavit for ajppeal, and for failure to execute a cost bond. The court, on October 19, sustained this motion, and dismissed the appeal. On October 21…
2Cases cited5 opinions
- Saline County v. KinkeadSupreme Court of Arkansas · 1907
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
- Owens v. DouglasSupreme Court of Arkansas · 1915
- Himes v. SharpSupreme Court of Arkansas · 1916
- McKenzie v. CrowleySupreme Court of Arkansas · 1915
3Cited by1 opinion
- Kittrell v. Road Improvement District No. 16Supreme Court of Arkansas · 1922