Biscoe v. Maddin

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

At the October term, 1849, of the Probate Court of the county of Pope, that court refused to allow a claim presented by the Trustees of the Real Estate Bank, against the estate of James Maddin, dismissed the case and adjudged the costs against the Trustees, They appealed to the circuit, where, in March, 1850, on motion of the administrator, the case was dismissed for want of bond for costs- — -and'the Trustees appealed to this court.

Decided 1852-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2The appeal in this case was taken in pursuance of the statute. No bond for costs was necessary, (Dig. 142, sec. 176, and p. 143, sec. 183.) The 3d section of the act approved the 4th January, 1849, (Pamphalet Acts,p. 59,) applies to appeals from the county courts authorized by the second section of that act, and in no respect applies to appeals frtím the Probate court, the case of Morrow v. Walker and wife, (5 Eng. 569,) to the contrary notwithstanding, which case is hereby overruled.

¶3Judgment reversed, and cause remanded to be proceeded with.