Huffman v. Sudbury
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; Charles D. Frierson, Chancellor; 1. The court erred in overruling the motion to strike the case from the docket.
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Appeal from Mississippi Chancery Court, Chickasawba District; Charles D. Frierson, Chancellor; 1. The court erred in overruling the motion to strike the case from the docket. There being no affidavit for appeal in the record, the burden was on the defendant to show 'affirmatively not only that an affidavit was filed, ibut ialso that it was filed before the appeal was granted. 222 S. W. 489; 124 S. W. 1028; 92 Ark. 219; 93 Ark. 275. 2. There was sufficient evidence to entitle appellant to have the case sent to the jury on the question of Bugg’s assumption of the notes. 1. Appellant will not be…
1Opinion of the CourtMcCulloch, C. J.
This case originated in the probate court of Mississippi County, where appellant’s intestate, Carl Huffman, presented a claim against the estate of B. A. Bngg, deceased, to recover the sum of about nine thousand dollars. The claim was allowed by the probate court and the administrator appealed to the circuit court. While the case was pending in the circuit court, the claimant, Carl Huffman, died, and the cause was revived in the name of appellant as the administrator of the estate. Appellant filed a motion in the circuit court for dismissal of the appeal on the ground that no affidavit for…
2Cases cited5 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Walker v. NollSupreme Court of Arkansas · 1909
- Drainage District No. 1 v. RolfeSupreme Court of Arkansas · 1913
- Tharp v. BarnettSupreme Court of Arkansas · 1910
- Spybuck Drainage District No. 1 v. St. Francis CountySupreme Court of Arkansas · 1914
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- Huffman v. SudburySupreme Court of Arkansas · 1917