Perry County v. Conway County
Supreme Court of Arkansas
APPEAL from Conzvay Circuit Court. G. S. Cunningham, Judge. In 1873 the Legislature in creating the County of Faulkner, and fixing the boundaries of Conway County, attached to the latter territory formerly lying in Perry County. The act .made no provision for the imposition of any part of the debt of Perry County upon Conway County.
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APPEAL from Conzvay Circuit Court. G. S. Cunningham, Judge. In 1873 the Legislature in creating the County of Faulkner, and fixing the boundaries of Conway County, attached to the latter territory formerly lying in Perry County. The act .made no provision for the imposition of any part of the debt of Perry County upon Conway County. By an act approved March 17, 1885, the General Assembly provided that Conway County should be liable to Perry County for a fair proportion of the debt of Perry County existing at the time its territory was given to Conway County. It was further provided that…
1Opinion of the CourtSandels, J.
1. Counties: Claims against. It is objected by defendant county that the claim of Perry County was not authenticated, as required by the general statute in case of ordinary demands against counties. The special statute giving the right to sue upon this claim does not require it, and no principle of statutory construction makes it necessary. The only other question presented is-whether the act of 1885 is constitutional.
The power of the Legislature to alter and abolish counties ; to erect new corporations in the place of the old; to divide and dispose of the property held by counties; to charge…
2Cases cited5 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Creighton v. Board of SupervisorsCalifornia Supreme Court · 1871
- Layton v. City of New OrleansSupreme Court of Louisiana · 1857
3Cited by7 opinions
- City Council of Denver v. Board of County CommissionersSupreme Court of Colorado · 1904
- Pearson v. StateSupreme Court of Arkansas · 1892
- Cullman County v. Blounty CountySupreme Court of Alabama · 1909
- Board of Education v. StateSupreme Court of Kansas · 1902
- Garland County v. Hot Spring CountySupreme Court of Arkansas · 1900
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