Public-domain · open source
OpenJurist

60 Ark. 213

Gill v. Middleton

Supreme Court of Arkansas

Decided January 26, 1895

Supreme Court of Arkansas · decided 1895-01-26

Edgar E. Bryant, Judge. 1. The constitution provides that probate courts shall have exclusive jurisdiction in matters relative to * * estates of deceased persons, * * administrators, * * etc. Probate courts having exclusive jurisdiction, any judgment- in any other court is coram non judice and void. 8 Blatch. 420 ; 69 Mo. 153; 47 id. 285; lb. 289. 2. An administrator is not subject to garnishment. 5 Ark. 55; 8 Mass. 247 ; 7 id. 259; 24 id. 496; 51 Ark. 361, 8 Am. & Eng. Ene.

Cited by 2 later decisions — most recently November 1991

1 state decisions

Relies on Thorn & Robins v. Woodruff · Fowler v. McClelland

Good law ✅— No negative treatment on recordhow we know

Decided 1895-01-26

View the full empirical analysis of this case →

Wood, J.

¶1The appellee instituted garnishment proceedings against the appellant, as administrator, before a justice of the peace, and obtained judgment. This judgment was presented to the probate court for allowance and classification against the estate of which appellant was the administrator. The claim was disallowed, and the appellee appealed to the circuit court, where he obtained judgment, from which this appeal was prosecuted.

¶2An administrator is not subject to garnishment. The proceedings before the justice — the basis of this, action — were coram non judice, and void. Fowler v. McClelland, 5 Ark. 188; Thorn v. Woodruff, 5 Ark. 55; Const. Ark. art. 7, sec. 34; 8 Am. & Eng. Enc. of Law, 1138; Drake on Attachments, sec. 492 et seq.; 2 Wade on Att. sec. 425, 426; Kneeland on Att. sec. 416.

¶3Reversed, and judgment here for appellant.

/60/ark/213 · .json · Public domain