Matthews v. Clay County
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; J. F. Gautney, Judge; Tbe questions here are almost entirely of fact and to be determined upon tbe weight of tbe evidence, tbe burden of proof being on appellee. Tbe principal one is: Did Matthews inclose tbe $6,000 in scrip, and did Cargill receive it? Tbe evidence of appellant and bis witness is ' clear and convincing, while inconsistencies and contradictions appear in tbe evidence offered by appellee.
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Appeal from Clay Circuit Court, Eastern District; J. F. Gautney, Judge; Tbe questions here are almost entirely of fact and to be determined upon tbe weight of tbe evidence, tbe burden of proof being on appellee. Tbe principal one is: Did Matthews inclose tbe $6,000 in scrip, and did Cargill receive it? Tbe evidence of appellant and bis witness is ' clear and convincing, while inconsistencies and contradictions appear in tbe evidence offered by appellee. Tbe findings of tbe court are clearly against tbe weight of tbe evidence. 38 Ark. 482; 24 Cyc. 134; n; Kirby’s Digest, § 7174. This action…
1Opinion of the CourtHart, J.
Section 7174 of Kirby’s Digest provides that whenever any error shall be discovered in the settlement of any county officer made with the county court, it shall be the duty of the court, any time within two years from the date of such settlement, to reconsider • and adjust the same.
J. E. Matthews was sheriff and collector of Clay County from October 31, 1910, to October 31, 1914. During that time C. A. Cargill was treasurer of the county. On July 18, 1913, Matthews filed a settlement as collector in the county court and his settlement was duly approved by the court. It was shown that he had…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Jones v. GlidewellSupreme Court of Arkansas · 1890
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Schuman v. SandersonSupreme Court of Arkansas · 1904
3Cited by15 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Cady v. PackSupreme Court of Arkansas · 1918
- Little River County v. BuronSupreme Court of Arkansas · 1924
- Creekmore v. ScottSupreme Court of Arkansas · 1929
- Cargill v. MatthewsSupreme Court of Arkansas · 1918
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