Hempstead County v. Grave
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. Hon. H. B. Stuart, Circuit Judge. The board of supervisors had but one duty to perform, which was to examine the statement, and if found correct, to enter of record. (Acts of 1878, pp. 187-9.) This act is identical with section 6, Acts 1873, pages 143-5, and the course of procedure was settled in 34 Ark., 840. The board of Howard had no power to dismiss the cause for want of prosecution.
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APPEAL from Hempstead Circuit Court. Hon. H. B. Stuart, Circuit Judge. The board of supervisors had but one duty to perform, which was to examine the statement, and if found correct, to enter of record. (Acts of 1878, pp. 187-9.) This act is identical with section 6, Acts 1873, pages 143-5, and the course of procedure was settled in 34 Ark., 840. The board of Howard had no power to dismiss the cause for want of prosecution. It being clearly the duty of the board to act, by either entering of record the statement as the debt of Howard, or by declaring there was no debt; and having done…
1Opinion of the CourtSmith, J.
The petition in this case represented that under the fourth section of the act approved April 17,. 1873, creating Howard County, the supervisors of Hemp-stead had ascertained the total indebtedness of the last named county, outstanding at the date of the passage of' the act, to be §92,159.35 ; that according to the assessment for the year 1872, the aggregate amount of taxable property in the county was $1,967,036, and the aggregate amount in that portion which was cut off and given to the new county was §297,717.50; that the proportional part of the debt falling to Howard was accordingly…
2Cited by4 opinions
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Moyer v. AltheimerSupreme Court of Arkansas · 1925
- McBride v. HonSupreme Court of Arkansas · 1907
- Chavis v. GoldenSupreme Court of Arkansas · 1956