Josephs v. Briant
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District ; B. E. Jeffery, Judge; 1. The alleged contract was contrary to law. 30 Ark. Law Rep. 417; 29 Id. 517; 97 Ark. 153; 95 Id. 552; 85 Id. 106; 81 Id. 41; 46 Id. 420. It contemplated the violation of the law in the performance thereof. 170 Fed. 409; 160 Id. 700; 183 Id. 719; 188 Id. 450; 200 Id. 219. 2. The claim was not duly authenticated, nor presented for allowance. 30 Ark.
Read the full summary
Appeal from Lawrence Circuit Court, Eastern District ; B. E. Jeffery, Judge; 1. The alleged contract was contrary to law. 30 Ark. Law Rep. 417; 29 Id. 517; 97 Ark. 153; 95 Id. 552; 85 Id. 106; 81 Id. 41; 46 Id. 420. It contemplated the violation of the law in the performance thereof. 170 Fed. 409; 160 Id. 700; 183 Id. 719; 188 Id. 450; 200 Id. 219. 2. The claim was not duly authenticated, nor presented for allowance. 30 Ark. Law Rep. 474 ; 45 Ark. 392; 15 Id. 345. 3. The affidavit is not such as is required by Kirby’s Dig., § 114. Nor was a copy delivered to the executor, lb., § 113. 4.…
1Opinion of the CourtMcCulloch, C. J.
Appellant’s testator, A. W. Shirey, lived at Minturn, Lawrence County, Arkansas, and was assassinated in March, 1910, and appellant qualified as executor of his last will and testament. Appellee, Mai Briant, presented to the executor an authenticated claim against the estate for the sum of $10,000, for services- alleged to have been performed by her for decedent under a verbal contract with him. The claim was presented in the following form:
“Mrs. Mai Briant account v. the A. W. Shirey Estate. To legal services rendered to the said A. W. Shirey during his lifetime in the suit for divorce in…
2Cases cited6 opinions
- Eager v. Jonesboro, Lake City & Eastern Express Co.Supreme Court of Arkansas · 1912
- Neece v. JosephSupreme Court of Arkansas · 1910
- Gist v. GansSupreme Court of Arkansas · 1875
- Carey v. WatkinsSupreme Court of Arkansas · 1911
- Mendel & Bro. v. DaviesSupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baker Ex Rel. Baker v. BakerSupreme Court of Missouri · 1953
- Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Thatcher v. DarrWyoming Supreme Court · 1921
- Carter v. YoungerSupreme Court of Arkansas · 1916
- McCarroll v. Grand Lodge of the I. O. O. F.Supreme Court of Arkansas · 1922
6 more not listed; retrieve them via the Exa API.