Chicot County v. Matthews
Supreme Court of Arkansas
Appeal from 'Chicot 'Circuit Court; Turner Butler, Judge; .Section 990 of Kirfby’is Digest does not apply to this class of cases. The word “demand” as therein used does not embrace a mere legal right of action to enforce a ¡civil penalty. 9 111. App. 39; 18 Wis. 166, and cases cited.
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Appeal from 'Chicot 'Circuit Court; Turner Butler, Judge; .Section 990 of Kirfby’is Digest does not apply to this class of cases. The word “demand” as therein used does not embrace a mere legal right of action to enforce a ¡civil penalty. 9 111. App. 39; 18 Wis. 166, and cases cited. The sheriff .and 'clerk would not be permitted, even if 'that section applied, to multiply their alleged demands ¡and collect costs on 363 imaginary “demands,” where but one existed. 107 Ark. 450. For ¡the public good', many sendees are required of officials to be performed for the county or State for which no…
1Opinion of the CourtHart, J.
The question involved in both these appeals is whether or not Chicot County is liable to the sheriff and 'circuit clerk of said county for the costs in certain cases brought by the State against the St. Louis, Iron Mountain & Southern Railway 'Company, for failing to comply with Act No. 23 of the General Acts of 1911. Separate ¡suits were instituted' by the sheriff and clerk against the county, but one opinion will settle the issues involved.
The facts are as follows: The prosecuting attorney instituted 362 ¡suits in 'the name of the State against the St. Louis, Iron Mountain & Southern…
2Cases cited4 opinions
- State v. BlackburnSupreme Court of Arkansas · 1895
- Craighead County v. Cross CountySupreme Court of Arkansas · 1887
- Stalcup v. Greenwood DistrictSupreme Court of Arkansas · 1884
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1913