Legal Opinion

Nelson v. Green

Supreme Court of Arkansas

Decided January 15, 1861PublishedCited by 3 opinions

Appeal from Hempstead Circuit Court. Hon. L. B. GReen, Circuit Judge. contended that the statute does not require a bill of exceptions to be taken in all cases of appeal from the Probate Court, but leaves it discretionary with the appellant; and that when the record itself pre-. sents every fact necessary, to a full adjudication of the case, it is not necessary to give the circuit court jurisdiction on appeal from the Probate Court, that a bill of exceptions should be filed…

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Appeal from Hempstead Circuit Court. Hon. L. B. GReen, Circuit Judge. contended that the statute does not require a bill of exceptions to be taken in all cases of appeal from the Probate Court, but leaves it discretionary with the appellant; and that when the record itself pre-. sents every fact necessary, to a full adjudication of the case, it is not necessary to give the circuit court jurisdiction on appeal from the Probate Court, that a bill of exceptions should be filed (Dempsey vs. Fenno\ 16 Ark. 491;) and. argued this cause on the exceptions to the Auditor’s report. The appellants…

1Opinion of the CourtJustice Fairchild

William D. Green filed an account current of his dealings with the estate of George W-. Green, as his executor, in the Probate Court of Hempstead county, with statements' of the interest of George W. Green in mercantile business in which he had been associated with William D. Green, and asked to be discharged from the further administration of the estate. Nelson and his wife, the latter having been the wife and widow of George W. Green, filed exceptions to the account, and upon their motion the account and statements and exceptions were referred to an Auditor to re-state the account and…

2Cases cited1 opinion

  1. Jones v. JonesSupreme Court of Arkansas · 1860

3Cited by3 opinions

  1. Fowler v. FrazierSupreme Court of Arkansas · 1915
  2. Choate v. O'NealSupreme Court of Arkansas · 1893
  3. Luke v. RhodesSupreme Court of Arkansas · 1915

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