Williams v. Memphis, Dallas & Gulf Railroad
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; The petition is fatally defective. It is not alleged in what court the judgment was obtained. No copy of the judgment was filed. It is not alleged that the judgment was- founded upon a debt for the payment of which the school funds were liable or that there was money on hand on which a warrant could be drawn. 85 111. 484; 31 L. R. A. 350; 26 Ark. 482; 54 Id. 446; 16 Id. 193; High on Ext.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; The petition is fatally defective. It is not alleged in what court the judgment was obtained. No copy of the judgment was filed. It is not alleged that the judgment was- founded upon a debt for the payment of which the school funds were liable or that there was money on hand on which a warrant could be drawn. 85 111. 484; 31 L. R. A. 350; 26 Ark. 482; 54 Id. 446; 16 Id. 193; High on Ext. Legal Rem. >(2 ed.) 278, 286, 295. The demurrer should have been' sustained. The demurrer was properly overruled. All necessary allegations were…
1Opinion of the CourtHumphreys, J.
Appellee filed petition against appellants in the Howard circuit' court for a writ of mandamus commanding the directors of School District No. 62, in Howard County, to issue it a warrant for $.130.75. It was alleged that appellee obtained a judgment for that amount against said school district on the 3d day of October, 1916, and that the school directors of the district had neglected, failed and refused to issue warrants for said sum to appellee.
Appellants demurred to the petition on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled…
2Cases cited3 opinions
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Bushey v. ReynoldsSupreme Court of Arkansas · 1877
- Nordman v. CraigheadSupreme Court of Arkansas · 1872
3Cited by3 opinions
- Sharp v. Drainage District No. 7Supreme Court of Arkansas · 1924
- Driesbach v. BeckhamSupreme Court of Arkansas · 1929
- Parker v. WilliamsSupreme Court of Arkansas · 1927