Whitthorne v. Jett
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court. Hon. T. F. Sorrells, Circuit Judge. For the facts of this ease, see page 141. A county may plead the statute of limitations to a suit on its bonds or warrants. Billon on Mun. Corp., sec. 538, and note f to see. If) 5; Rerry v. Parish of Vermillion, 21 La. Ann., 6f5; Baker v. Johnson Co., S3 Iowa, 151; Be Cordova v. Galveston, J Texas, IflO; Amy v. Dubuque, 98 U. S., IflO. The warrants are unsealed, and are barred.
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APPEAL from Chicot Circuit Court. Hon. T. F. Sorrells, Circuit Judge. For the facts of this ease, see page 141. A county may plead the statute of limitations to a suit on its bonds or warrants. Billon on Mun. Corp., sec. 538, and note f to see. If) 5; Rerry v. Parish of Vermillion, 21 La. Ann., 6f5; Baker v. Johnson Co., S3 Iowa, 151; Be Cordova v. Galveston, J Texas, IflO; Amy v. Dubuque, 98 U. S., IflO. The warrants are unsealed, and are barred. The indorsement, signed by the County Judge, is not sufficient to take the case out of the statute. (J English, 1¡£5; 5 ib., 110; 12 Ark., 762; 22…
1Opinion of the CourtSmith, J.
When this ease was here before, a decision was rendered at the November term, 1879, which established the validity of the county warrants tendered to the treasurer in redemption of forfeited lands. See Jett v. Whitthorne, to be published in the same volume of Reports with this opinion.
After tbe mandate was sent down, the treasurer further pleaded the statute of limitations. It has been settled in Daniel v. Askew, 36 Ark , 487, and in Howell v. Hogins, 37 Ark., 110, that the bar of the statute can not be pleaded to a petition for mandamus to compel a revenue officer of the county to take…
2Cases cited1 opinion
- Little Rock v. National BankSupreme Court of the United States · 1878
3Cited by5 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- Vale v. BuchananSupreme Court of Arkansas · 1911
- Hill v. Logan CountySupreme Court of Arkansas · 1893
- Condon v. City of Eureka SpringsU.S. Circuit Court for the District of Western Arkansas · 1905
- Bradford v. BurrowSupreme Court of Arkansas · 1933