Legal Opinion

Hempstead County v. Phillips

Supreme Court of Arkansas

Decided June 4, 1906PublishedCited by 5 opinions

Error from Hempstead Circuit Court; Joel D. Conway, Judge; statement by the court. Appellee presented to the county court of Hempstead County an account as follows: “Hempstead County to J. W. Phillips, Dr. “For expenses incurred in opening and repairing the vault door of the County Treasurer’s safe.” Then follows an itemized statement of what was done and the charge for each item, amounting in the aggregate to $261. The account was duly verified.

Read the full summary

Error from Hempstead Circuit Court; Joel D. Conway, Judge; statement by the court. Appellee presented to the county court of Hempstead County an account as follows: “Hempstead County to J. W. Phillips, Dr. “For expenses incurred in opening and repairing the vault door of the County Treasurer’s safe.” Then follows an itemized statement of what was done and the charge for each item, amounting in the aggregate to $261. The account was duly verified. The county court disallowed the claim, and Phillips appealed. The record of the circuit court is as follows: “John W. Phillips, plaintiff, v.…

1Opinion of the Court

Wood, J.,

(after stating the facts.) In Wiegel v. Pulaski County, 61 Ark. 74, this court, in passing upon the judgment of the circuit court sustaining a demurrer to an account that had been presented to the county court for allowance, said: “No formal pleadings were filed in the case, and none were required. * * * A demurrer does not lie to a claim presented to the county court for allowance.” Under this decision a claim which appears upon its face to be an improper charge against the county might by the proof be shown to be a correct charge. The matter is left open for the determination of…

2Cases cited7 opinions

  1. Railway Co. v. AmosSupreme Court of Arkansas · 1891
  2. McKinney v. DembySupreme Court of Arkansas · 1884
  3. Hershy v. BaerSupreme Court of Arkansas · 1885
  4. Wiegel v. Pulaski CountySupreme Court of Arkansas · 1895
  5. Tucker v. HawkinsSupreme Court of Arkansas · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Foohs v. BilbySupreme Court of Arkansas · 1910
  2. Young v. VincentSupreme Court of Arkansas · 1910
  3. London v. McGeheeSupreme Court of Arkansas · 1916
  4. Buron v. Little River CountySupreme Court of Arkansas · 1924
  5. Chicago, Rock Island & Pacific Railway Co. v. McCoySupreme Court of Arkansas · 1942

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API