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55 Ark. 52

Page v. Ralph

Supreme Court of Arkansas

Decided October 31, 1891

Supreme Court of Arkansas · decided 1891-10-31

Carroll D. Wood, Judge. On June 14, 1887, Edward Page, as surviving partner of the firm of Page & Moran, brought suit in chancery, alleging that his firm had a claim against the estate of James H. Ralph, deceased, based on his promissory note for $396.25, dated April 27, 1875, and due November 1, 1875, and bearing 8 per cent, interest from maturity, and an open account for $2.50; that the claim duly sworn to was, on January 13, 1876, presented to the administrator for…

Decided 1891-10-31

Cockrill, C. J.

¶1On the plaintiff’s theory of the case it stands in one of two attitudes, viz.: (1.) The administrator allowed his claim for $305, and rejected it (or failed to act upon it) for $100, and the court has acted upon the administrator’s allowance, but not upon the other part of the claim ; or else (2) the claim was allowed by the administrator for $405, and the court adjudged that the full amount of the claim be classified against the estate, but the judgment was erroneously entered for $305.

¶2If the first position is the attitude' of the cause, the claim for allowance of $100 against the estate was left pending in the probate court awaiting its action. If the second is the true state of the case, then the probate court could have corrected the error upon notice to the administrator and proof of the fact, just as the circuit court might have done had the cause been pending there. The case of Arrington v. Conrey, 17 Ark., 100, is an instance of a similar correction in> the circuit court. See Black on Judgments, secs. 156, 159. In either event the probate court could grant relief. The resort to equity was therefore unnecessary, and the bill ought to have been dismissed. 1 Black on Judgments, sec-168.

¶3Affirm.

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