123 Ark. 61 | Ark. | 1916
(after stating the facts). The court erred in dismissing the appeal. The statute provides: “Any person interested as heir, legatee or creditor may file exceptions to such account, or any item thereof, on or before the second day of the term of said court to which such account may be continued; and, if exceptions are not filed within the time specified, such account shall be examined and confirmed as hereinbefore provided, and such account when confirmed shall never thereafter be subject to investigation, unless in a court of chancery,” etc. Kirby’s Digest, section 140.
The court found that no bond for costs was filed as required by Act No. 327 of the acts of the Legislature of the State of Arkansas of 1909. Under section 1348 of Kirby’s Digest, as amended by Act No. 327, supra, and sections 1349 and 1350 of Kirby’s Digest, a bond is not required as a prerequisite to an appeal except in cases where the appellant desires a supersedeas.
The judgment is therefore reversed, and the cause remanded with directions to reinstate the appeal.