Vandiever v. Conditt
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. A motion to revive an action should be in writing. There was none in this case. Kirby’s Dig., § 6085. 2. An order of revivor can not properly be made in less than six months after the appointment of an administrator, except by consent.
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; 1. A motion to revive an action should be in writing. There was none in this case. Kirby’s Dig., § 6085. 2. An order of revivor can not properly be made in less than six months after the appointment of an administrator, except by consent. Kirby’s Dig., § 6013; 85 Ark. 157; 103 Ark. 607. In this case there is no evidence of consent of the adult heirs to revive, and the infant heirs could not consent. 39 Ark. 104. 3. It was error to proceed to a trial of the cause before an answer had been filed for the infant defendants. Kirby’s Dig., §…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action at law against J. B. Vandiever to recover possession of a tract of land in Jackson County, and after issue joined by defendant filing an answer and before trial the defendant died intestate. Thereafter appellee suggested to the court the death of said defendant and moved a revivor of the action against appellants, the administrator, widow and children of said intestate, some of whom were adults and others infants. The court made the following order:
“This cause coming on for proceedings upon the regular call of the docket, thereupon came plaintiff by his…
2Cases cited3 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bentley v. DicksonSupreme Court of Arkansas · 1838
- McNutt v. StateSupreme Court of Arkansas · 1886
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- United States Fidelity & Casualty Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1918