Saline County v. Kinkead
Supreme Court of Arkansas
Appeal from.' Saline Circuit Court; W. H. Evans, Judge; Claims not verified until after motion to dismiss appeal was overruled. No affidavit and prayer for appeal as provided by § 1487, Kirby’s Digest. No bond given, lb. § 1488. The circuit court acquired no jurisdiction. It was coram non judice. The fee bill was claimed under § 3818, Kirby’s Digest, which requires it to be sworn to. No motion to strike was made, and too late to complain now.
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Appeal from.' Saline Circuit Court; W. H. Evans, Judge; Claims not verified until after motion to dismiss appeal was overruled. No affidavit and prayer for appeal as provided by § 1487, Kirby’s Digest. No bond given, lb. § 1488. The circuit court acquired no jurisdiction. It was coram non judice. The fee bill was claimed under § 3818, Kirby’s Digest, which requires it to be sworn to. No motion to strike was made, and too late to complain now. The affidavit is not jurisdictional. The case is tried de novo. in circuit court, and an affidavit may be attached conveying the want of it below. The…
1Opinion of the CourtHart, J.
On the nth day of April, 1906, the itemized fee bill of J. C. Kinkead and G. R. Kelley for fees due them, respectively, as justice of the peace and as sheriff in an examining trial in the case of State of Arkansas v. Joshua C. Holloman was filed in the Saline County Court.
On May 26, 1906, the claim was presented to the county court, and it was allowed in part and disallowed in part. Claimants appealed to the circuit court. The county judge, on behalf of Saline County, filed a motion to dismiss because the claim was not sworn to as required by statute.
The affidavits to the claim bear the date…
2Cases cited1 opinion
- Mills v. SandersonSupreme Court of Arkansas · 1900
3Cited by16 opinions
- Lovell v. StateSupreme Court of Arkansas · 1984
- Lawson v. StateSupreme Court of Arkansas · 1988
- Crittenden County v. WillifordSupreme Court of Arkansas · 1984
- Lamb & Rhodes v. HowtonSupreme Court of Arkansas · 1917
- Arkansas Bond Company v. HartonSupreme Court of Arkansas · 1935
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