Held, that if, on appeal from the probate court, the circuit court acts only on the exceptions taken, but wholly omits, on sustaining the exceptions, to try the matter de novo, or make such order and decision as should have been made by the probate court, the judgment is not final, and error does not lie to this court.
Reagan v. Mitchell, 4 Ark. 630 (1842)
July 1842
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Arkansas Supreme Court
4 Ark. 630