Graham v. State ex rel. Monroe County
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Two suits were brought by the prosecuting attorney in the name of the State of Arkansas, for the use and benefit of Monroe County, one against W. L. Graham, treasurer of said county, and the sureties on his bond, naming them, for the term commencing October 31, 1906, and ending October 31, 1908, and the other against said Graham, treasurer of said county, and the sureties on his bond, naming…
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Two suits were brought by the prosecuting attorney in the name of the State of Arkansas, for the use and benefit of Monroe County, one against W. L. Graham, treasurer of said county, and the sureties on his bond, naming them, for the term commencing October 31, 1906, and ending October 31, 1908, and the other against said Graham, treasurer of said county, and the sureties on his bond, naming them, for the term commencing October 31, 1908, and ending October 31, 1910. On December 7, 1910, an amended complaint was…
1Opinion of the Court
Kirby, J.,
(after stating the facts). There are many assignments of error in the motion for a new trial, but, under our view of the law of the case, we shall only discuss such of them as we consider necessary to its decision.
It was necessary to fix the liability of the sureties of the treasurer that a settlement should be made with him by the county court as the law requires and the amount due determined and ordered to be paid by it before suit could be brought against his bondsmen for any default and the court erred in not so declaring the law. Such judgment and order, when made, is…
2Cases cited4 opinions
- State v. WoodSupreme Court of Arkansas · 1888
- Hunnicutt v. KirkpatrickSupreme Court of Arkansas · 1882
- Jones v. State ex rel. Pope CountySupreme Court of Arkansas · 1853
- Ireland v. StateSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Fireman's Fund Insurance v. Polk CountySupreme Court of Arkansas · 1976
- State Use Crawfordsville Special School District v. HuxtableSupreme Court of Arkansas · 1928
- State Use Crawfordsville Special School District v. Huxtable.Supreme Court of Arkansas · 1935
- State ex rel. Columbia County v. NaborsSupreme Court of Arkansas · 1912