{ "id": 1519118, "name": "Hand v. Haughland", "name_abbreviation": "Hand v. Haughland", "decision_date": "1908-07-06", "docket_number": "", "first_page": "105", "last_page": "108", "citations": [ { "type": "official", "cite": "87 Ark. 105" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "80 Ark. 579", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1491148 ], "opinion_index": -1, "case_paths": [ "/ark/80/0579-01" ] }, { "cite": "45 Am. Rep. 418", "category": "reporters:state_regional", "reporter": "Am. Rep.", "opinion_index": -1 }, { "cite": "38 Ark. 494", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1900538 ], "opinion_index": -1, "case_paths": [ "/ark/38/0494-01" ] }, { "cite": "14 Am. Dec. 105", "category": "reporters:federal", "reporter": "Am. Dec.", "opinion_index": -1 }, { "cite": "10 La. Ann. 124", "category": "reporters:state", "reporter": "La. Ann.", "case_ids": [ 11960328 ], "opinion_index": -1, "case_paths": [ "/la-ann/10/0124-01" ] }, { "cite": "52 Tex. 74", "category": "reporters:state", "reporter": "Tex.", "case_ids": [ 2147257 ], "opinion_index": -1, "case_paths": [ "/tex/52/0074-01" ] }, { "cite": "36 Me. 431", "category": "reporters:state", "reporter": "Me.", "case_ids": [ 634575 ], "opinion_index": -1, "case_paths": [ "/me/36/0431-01" ] }, { "cite": "7 Pick. (Mass.) 232", "category": "reporters:state", "reporter": "Pick.", "case_ids": [ 2056654 ], "opinion_index": -1, "case_paths": [ "/mass/24/0238-01" ] }, { "cite": "142 Pa. St. 373", "category": "reporters:state", "reporter": "Pa.", "case_ids": [ 976609 ], "opinion_index": -1, "case_paths": [ "/pa/142/0373-01" ] }, { "cite": "79 Ark. 199", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "80 Ark. 579", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1491148 ], "opinion_index": 0, "case_paths": [ "/ark/80/0579-01" ] } ], "analysis": { "cardinality": 367, "char_count": 7035, "ocr_confidence": 0.639, "pagerank": { "raw": 1.486917185433398e-07, "percentile": 0.662247876227533 }, "sha256": "4b9ca5a7a80a09bd3f077ff80ce6b4b5648fffb7ba7f18f4b08b5a5b82ddb22a", "simhash": "1:99ffdf51b6926019", "word_count": 1213 }, "last_updated": "2023-07-14T20:24:32.952897+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Hand v. Haughland." ], "opinions": [ { "text": "McCulu\u00f3ci\u00ed, J.\nThis is an appeal from a summary judgment rendered \u2018by the circuit court of \u2022 Clark County in favor of Florence Bland Haughland against A. W. Hand, her guardian, and J. J. Pannell, the surety on his supersedeas bond.\nThe probate court, in adjusting, the settlement account of said guardian, adjudged him to be due his ward the sum of $177.25, and ordered him to pay said sum over to her. He took an appeal to the circuit court, and executed a supersedeas bond conditioned that he would \u201cpay all costs of said appeal, and such damages as may be adjudged against him on said appeal, and perform the judgment of the circuit court, or abide or perform the judgment of said probate court, if the same is affirmed or the appeal dismissed.\u201d\nOn trial of the cause in the circuit court the judgment of the probate court was affirmed with costs. No appeal has been prosecuted upon that decision. On a subsequent day of the same term of the circuit court the judgment on the bond appealed from was rendered.\nIn response to appellee\u2019s motion for judgment-on the bond, appellants set forth the following defenses:\n\u201cFirst. That the' statutes of Arkansas expressly provide that guardians have the right of appeal from all orders of the probate court, and cannot be required to execute a supersedeas bond.\n\u201cSecond. Respondent had the right of appeal without the orders of said probate court being superseded.\n\u201cThird. That said bond was obtained by means of duress, and is therefore void.\u201d\nWe shall discuss and dispose of the alleged defenses in the order thus presented by appellants.\nAs the judgment of the circuit court affirming the judgment of the probate court has not been appealed from, it cannot be questioned collaterally, and it need not, therefore, be further mentioned.\nThe statute of this State regulating the giving of supersedeas bonds on appeals from probate courts is as follows:\n\u201cAdministrators, executors and guardians shall not be required to give bond, but all orders against them as such shall be superseded by the appeal. In all other cases where the appellant desires a supersedeas, he shall give bond in a sufficient sum, to be settled by the court, conditioned that he shall pay all costs of the appeal and such damage as may be adjudged against him in the appeal, and will perform the judgment of the circuit court, or abide and perform the judgment of the probate court, if the same is affirmed or the appeal is dismissed, and judgment may be rend\u00e9red on said bond in the circuit court.\u201d Section 1349, Kirby\u2019s Digest.\nAppellants contend that this statute exempted the guardian from giving bond.\nIt will be observed that the statute only exempts administrators, executors and guardians from requirement to give bond on appeals from \u201corders against them as such.\u201d\nA judgment against a guardian in favor of his ward adjudging an amount to be due and directing payment thereof is 'not a judgment against him as guardian, but it is against him individually. The liability grows out of his office, but the judgment is an adjudication of individual liability. It is a judgment against him for the amount of his ascertained liability. We hold, therefore, that the appeal taken by the guardian from the judgment of the probate court did not operate as a supersedeas of the judgment.\nHe could, of course, have appealed without supersedeas, but the appeal would not stay the enforcement of the judgment. Therefore it is no defense to liability on the bond to urge that he could have appealed without executing- the bond. He gave the bond to prevent enforcement of the judgment while the appeal was pending.\nOn hearing of appellee\u2019s motion for judgment on the bond, appellants proved by oral testimony that, after the guardian had failed to pay over the money to his ward pursuant to the order of the probate court, the court directed the sheriff to take him into custody for contempt of court in failure to comply with the order, and that he was held in custody until he executed the supersedeas bond. These are the facts upon which appellants .base their defense of duress. It was not proper to establish proceedings of the probate court in this way.\nBut, conceding them to foe properly established, they afford no defense against liability on the bond. The probate court has power to order the payment or distribution of funds in the hands of an administrator, executor or guardian, and to enforce its orders by imprisonment for contempt where the money is shown to be in the hands of such functionary. Meeks v. State, 80 Ark. 579. Of course, the administrator, executor or guardian can purge himself of contempt by showing that the funds were not in his hands at the time, or by taking an appeal and giving bond to supersede the judgment.\nWe see no grounds for awarding liability on the bond, and the, judgment is therefore affirmed.", "type": "majority", "author": "McCulu\u00f3ci\u00ed, J." } ], "attorneys": [ "McMillan & McMillan, for appellant.", "Jos. B. Callaway, for appellee." ], "corrections": "", "head_matter": "Hand v. Haughland.\nOpinion delivered July 6, 1908.\n1. Appeal \u2014 supersedeas bond \u2014 exception in favor of administrators. \u2014Kirby\u2019s Digest, \u00a7 1349, providing that \u201cadministrators, executors and guardians shall not be required to give bond, but all orders against them as such shall be superseded,\u201d exempts administrators, executors and guardians from the requirement of giving supersedeas bonds only on appeal from \u201corders against them as such,\u201d and does not apply to a judgment against a guardian in favor of his ward adjudging an amount to be due and directing payment thereof, which is a judgment against the guardian individually. (Page 107.)\n2. Evidence \u2014 parol proof of 'record. \u2014 Parol evidence is inadmissible to prove the proceedings of a court of record. (Page 108.)\n3. Probate court \u2014 enforcement of orders by contempt proceeding.\u2014 The probate court has power to order the payment or distribution of funds in the hands of an administrator, executor or guardian, and to enforce its orders by imprisonment for contempt where the money is shown to be in the hands of such functionary. (Page 108.)\nAppeal from Clark Circuit Court; Jacob M. Carter, Judge;\naffirmed.\nMcMillan & McMillan, for appellant.\n.1. No judgment should have been \u25a0 rendered by the circuit court on the bond because it was void. It was void because the guardian had a right to appeal without supersedeas, which was denied him, and the bond was obtained by duress. Kirby\u2019s Digest, \u00a7 \u00a7 1347-8-9, Const, art. 7, \u00a7 35. .\n2. The. minor was not of age until eighteen. Kirby\u2019s Digest, \u00a7 3756; 79 Ark. 199.\n3. An exaction of a more onerous condition than the law requires renders a bond void. 142 Pa. St. 373. See, also, 7 Allen (Mass.) 198; 7 Pick. (Mass.) 232; 36 Me. 431; 15 Abb. Pr. (N. Y.) 367; 52 Tex. 74; 5 Peters, 248; 10 La. Ann. 124; 14 Am. Dec. 105-6.\nJos. B. Callaway, for appellee.\nx. On marriage of ward the powers of a guardian cease. 38 Ark. 494. By marriage the ward emancipated herself and was entitled to a settlement. 45 Am. Rep. 418; 21 Cyc. p. 51, note 48; Kirby\u2019s Digest, \u00a7 3834.\n2. Hand was arrested for contempt \u2014 there was no duress. Courts have power to enforce their orders. 80 Ark. 579-" }, "file_name": "0105-01", "first_page_order": 127, "last_page_order": 130 }