Crudup v. Ramsey
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hugh F. Thomason, Judge. Mandamus to compel Ramsey, treasurer of Franklin county, to pay certain county warrants under seal lawfully issued and antedating the present constitution. Defendant answered, first, that the warrants were barred by certain ■orders of the county court, dated respectively May I, and August 11, 1884, calling in county warrants for cancellation and reissue (under Mansf.
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APPEAL from Franklin Circuit Court. Hugh F. Thomason, Judge. Mandamus to compel Ramsey, treasurer of Franklin county, to pay certain county warrants under seal lawfully issued and antedating the present constitution. Defendant answered, first, that the warrants were barred by certain ■orders of the county court, dated respectively May I, and August 11, 1884, calling in county warrants for cancellation and reissue (under Mansf. Dig., secs. 1147-9); an<^ second, that they were barred by the five years limitation on instruments in writing not under seal (Mansf. Dig., sec. 4483). The circuit…
1Opinion of the CourtHemingway, J.
That the statute of limitations runs in favor of counties against their ordinary indebtedness, is the rule in this State. Gaines v. Hot Spring Co., 39 Ark., 262 ; Desha Co. v. Jones, 51 Ark., 524. That it runs against. ■county warrants, follows, unless there is something in the law authorizing their issuance that takes them out of its operation.
t Lim¡tat¡on ran(°untywar“ The law provides that whenever an allowance is made by the county court, and an order therefor entered upon the records, the clerk shall, when requested by the person in whose favor the allowance is made, issue a warrant for…
2Cited by14 opinions
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- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
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