Nevada County v. Hicks
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. G-. D. Eoyston, Special Judge. STATEMENT. This was an action at law upon a penal bond, instituted' in the Nevada Circuit Court, December 17th, 1878 ; the complaint charging, in substance, that on the 14th day of August, 1876, the sheriff of Nevada county, under the-orders of the county court, let to the defendants a contract for building a county bridge over Dorcheat creek, in said county, they being the lowest bidders therefor, at the…
Read the full summary
APPEAL from Nevada Circuit Court. Hon. G-. D. Eoyston, Special Judge. STATEMENT. This was an action at law upon a penal bond, instituted' in the Nevada Circuit Court, December 17th, 1878 ; the complaint charging, in substance, that on the 14th day of August, 1876, the sheriff of Nevada county, under the-orders of the county court, let to the defendants a contract for building a county bridge over Dorcheat creek, in said county, they being the lowest bidders therefor, at the price-•of $1,500. That the defendants entered into bond to the State of Arkansas, for the use of said county, in the sum…
1Opinion of the CourtHarrison, J.
The cause was properly transferred to the equity side of the courtTo relieve against penalties and forfeitures is one of the ordinary grounds of equity jurisdiction ; and though by Statute a remedy in many cases may now be had at law, courts of equity still retain their jurisdiction. 2 Sto. Eq. Jur., sec. 1301.
That the sum in which the bond was given was designed as the penalty, and not as liquidated damages, we think there can be no question. Section 4 of the Act of March 6th, 1875, providing for the building of bridges on public roads, and under the provisions of which Act the contract was…
2Cited by3 opinions
- Howard County v. LambrightSupreme Court of Arkansas · 1904
- Nevada County Bank v. SullivanSupreme Court of Arkansas · 1916
- M. L. Sigmon Forest Products, Inc. v. ScrogginsSupreme Court of Arkansas · 1971