Izard County v. Huddleston
Supreme Court of Arkansas
APPEAL from Izard, County. Hon. W. N. Dyer, Special Judge. Appellant had a good defense under section 3576 Gantts Digest. By section 706 of Gantts Digest, the County Judge must defend on behalf of the county, and no other officer is entitled to defend for her. Section 3596 ib., provides that one of the grounds for vacating judgments shall be “ unavoidable casualty or misfortune, preventing the party from appearing or defending.”
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APPEAL from Izard, County. Hon. W. N. Dyer, Special Judge. Appellant had a good defense under section 3576 Gantts Digest. By section 706 of Gantts Digest, the County Judge must defend on behalf of the county, and no other officer is entitled to defend for her. Section 3596 ib., provides that one of the grounds for vacating judgments shall be “ unavoidable casualty or misfortune, preventing the party from appearing or defending.” The petition alleges that the County Judge was unable to attend by reason of sickness, etc., and the judgment should have been vacated, so as to allow the county to…
1Opinion of the Court
Eakin J.
The transcript upon this appeal includes three cases upon the docket of the Circuit Court. The proceedings, in all, make one history of the same subject-matter, and they all rest upon the same point.
"Winnowed of all unimportant matters the transcript shows the following facts :
i.TjuAfDefense preven ted by casualty,
Appellee, as Sheriff of the county, presented for allowanee to the County Court, a claim for $528.15. It was for $368, and disallowed as to the balance. He appealed to the Circuit Court.
When the case was reached upon the docket of the Circuit Court, the County Judge did not…
2Cited by8 opinions
- Parker v. SimsSupreme Court of Arkansas · 1932
- Trumbull v. HarrisSupreme Court of Arkansas · 1914
- St. Paul Fire and Marine Insurance Company v. HundleyDistrict Court, E.D. Arkansas · 1973
- Weller v. Studebaker Bros. Manufacturing Co.Supreme Court of Arkansas · 1910
- Hardin v. HardinSupreme Court of Arkansas · 1963
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