Walker v. Noll
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Bugene Lankford, Judge; In the absence of the jurat of the officer before whom the affidavit was made, the fact that it was sworn to must be established by evidence aliunde. 43 Neb. 794. The evidence in the record is not sufficient to establish the fact that an affidavit for appeal was made. 68 Miss. 243; 94 Ga. 461; 52 Pac. 756; 4 Heisk. 532. No jurisdiction is acquired on appeal unless an affidavit is made. 24 Ark. 282; 25 Ark. 275; 21…
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Appeal from Lonoke Circuit Court; Bugene Lankford, Judge; In the absence of the jurat of the officer before whom the affidavit was made, the fact that it was sworn to must be established by evidence aliunde. 43 Neb. 794. The evidence in the record is not sufficient to establish the fact that an affidavit for appeal was made. 68 Miss. 243; 94 Ga. 461; 52 Pac. 756; 4 Heisk. 532. No jurisdiction is acquired on appeal unless an affidavit is made. 24 Ark. 282; 25 Ark. 275; 21 Ark. 93; 65 Ark. 419; 27 Ark. 599. An affidavit for appeal must be presented to the court during some term within twelve…
1Opinion of the CourtFrauenthal, J.
At the April term, 1907, of the Lonoke Probate Court the appellee presented her claim against the estate of R. O. Walker, deceased. In that court the appellant as administrator of said estate filed an answer to the pleading seeking an allowance of the claim. Upon a trial of the matter the probate court allowed a portion of the claim, and disallowed the remainder, and rendered judgment accordingly; and in the order it is recited: “Whereupon counsel for plaintiff prayed an appeal to the circuit court, which was granted.”
In the circuit court the appellant filed a motion to dismiss the appeal…
2Cases cited9 opinions
- Thomas v. HinkleSupreme Court of Arkansas · 1880
- Matthews v. LaneSupreme Court of Arkansas · 1898
- Leggett v. GrimmettSupreme Court of Arkansas · 1880
- Overman v. StateSupreme Court of Arkansas · 1887
- Hanna v. PitmanSupreme Court of Arkansas · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Miller v. Oil City Iron WorksSupreme Court of Arkansas · 1931
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co.Supreme Court of Arkansas · 1913
- Abbott v. KennedySupreme Court of Arkansas · 1918
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
12 more not listed; retrieve them via the Exa API.