52 ARK 376 - Sanders v. Moore

How this case has been cited

Cited by 10 later decisions — most recently February 1986

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1Appeals The dismissal of an appeal for want of pros-ecution does not bar a second appeal. Ashley v. Brazil, 1 Ark., 144; Turner v. Tappscott, 29 ib., 318.

¶2Parties The only question decided by the Circuit Court or pressed for determination here, is the right of the plaintiff to main-lain the action. She is the sole heir of her deceased father, who died in 1867; there was administration on his estate soon after; the administration ceased by the death of the administrator in 1882, and no effort has been made by the creditors, if there are any, to renew it. The principle governing the cases of Graves v. Pinchback, 47 Ark., 470; Crane v. Crane, 51 ib., 287; Winningham v. Halloway, ib., 385; State Bank v. Williams, 6 ib., 156, permits the maintenance of the action by this plaintiff.

¶3The plaintiff’s position is strengthened by the allegation that there are no subsisting debts against the estate.

¶4The court erred in sustaining the demurrer.

¶5Reverse the judgment and remand the cause with directions to overrule the demurrer.