Martindale v. Honey

Conley Byrd, Justice.

Following our decision in Martindale v. Honey, 259 Ark. 416, 533 S.W. 2d 198 (1976), appellee Charles L. Honey moved for summary judgment on the issue of whether he should account for the funds he received in his capacity as deputy prosecuting attorney. Attached to the motion for summary judgment was the appellee’s affidavit showing that in accepting the funds he had in good faith performed the duties of the office by and with the consent of the Nevada County Circuit Court in accordance with Ark. Stat. Ann. § 24-119 (Repl. 1962). Appellant without filing counter…