Patterson v. Collison
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. All contracts in excess of the revenue are illegal and there can he no innocent purchaser. 120 Ark. 361; Kirby’s Digest, § § 7311, 7318; 118 Ark. 521; 117 S. W. 13; 127 Ark. 171; 122 Id. 561. 2. Defendants are officers and limited by the law.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. All contracts in excess of the revenue are illegal and there can he no innocent purchaser. 120 Ark. 361; Kirby’s Digest, § § 7311, 7318; 118 Ark. 521; 117 S. W. 13; 127 Ark. 171; 122 Id. 561. 2. Defendants are officers and limited by the law. They had no authority to make the purchase or bind the district. 51 Ark. 116. Mandamus never lies to compel officers to do an act not authorized by law. 17 Ark. 80; 101 Id. 583; 102 Id. 181. 3. The commissioners had no authority to O. K. plaintiff’s claim, and if so, no such demand was made as…
1Opinion of the Court
WOOD, J.,.(after stating the facts). (1) The indebtedness, which appellee seeks by this proceeding to have the appellants pay, accrued under the laws passed in pursuance of amendment No. 5 to the Constitution, designated in Kirby’s Digest as “public road tax” and set forth in sections 7324 to 7352 inclusive.
Authority for the purchase is found in sections 7348, 7349 and 7351. The last section provides that the cost of such implements as mentioned herein “shall be paid for out of the county treasury on warrants properly drawn and allowed by the county court out of the money in the treasury to…
2Cases cited3 opinions
- Monroe County v. BrownSupreme Court of Arkansas · 1915
- Izard County v. Vincennes Bridge Co.Supreme Court of Arkansas · 1916
- State v. Board of Directors of School DistrictSupreme Court of Arkansas · 1916
3Cited by7 opinions
- Arkansas State Highway Commission v. Otis & Co.Supreme Court of Arkansas · 1930
- Jones v. AdkinsSupreme Court of Arkansas · 1926
- Girley v. WoodSupreme Court of Arkansas · 1975
- Arkansas State Highway Employees Local 1315 v. SmithSupreme Court of Arkansas · 1974
- Hopson v. OliverSupreme Court of Arkansas · 1927
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