Legal Opinion

Grant County Bank v. McClellan

Supreme Court of Arkansas

Decided April 20, 1914PublishedCited by 3 opinions

Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The Grant County Bank and the Citizens Bank, both located in Grant County, sought to be designated as the depositary of the public funds of that county, and each filed a proposition in writing with the clerk of the county court of that county.

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Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The Grant County Bank and the Citizens Bank, both located in Grant County, sought to be designated as the depositary of the public funds of that county, and each filed a proposition in writing with the clerk of the county court of that county. The action was taken in response to an advertisement published by the county judge, inviting bids for the use of the public funds of that county, under the authority of Special Act No. 326 of the Acts of 1911. The bid of the Grant County Bank was an offer to pay 4% per cent on…

1Opinion of the Court

Smith, J.,

(after stating the facts). The findings of the court below are set out in full, because they express fully the views of the majority of the court.

There can be and is no real competition unless all bidders are required to bid upon the same basis, and no proposition can be construed to be a bid unless it is complete in itself as declared by the court. Bank of Eastern Ark. v. Bank of Forrest City, 94 Ark. 311; Casey v. Independence County, 109 Ark. 11, 159 S. W. 24.

Appellee says, however, that the special act applicable only to Grant County gives the judge of that county a discretion…

2Cases cited2 opinions

  1. Bank of Eastern Arkansas v. Bank of Forrest CitySupreme Court of Arkansas · 1910
  2. Casey v. Independence CountySupreme Court of Arkansas · 1913

3Cited by3 opinions

  1. Holliday v. HigbeeCourt of Appeals for the Tenth Circuit · 1949
  2. Mercer v. North Little Rock Special School DistrictSupreme Court of Arkansas · 1928
  3. Opinion No., Arkansas Attorney General Reports1995

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