Legal Opinion · Dissent

State ex rel. Columbia County v. Nabors

Supreme Court of Arkansas

Decided March 18, 1912Published

Appeal from Columbia Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This suit was brought by appellant against W. H. Nabors, the collector of Columbia County and his bondsmen, to recover interest upon funds of the county which said collector failed to pay to the treasurer every fifteen days after collection to be turned into the county depository, duly established undér Act 62 of the Legislature of 1909. A general demurrer was filed by appellees to the…

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Appeal from Columbia Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This suit was brought by appellant against W. H. Nabors, the collector of Columbia County and his bondsmen, to recover interest upon funds of the county which said collector failed to pay to the treasurer every fifteen days after collection to be turned into the county depository, duly established undér Act 62 of the Legislature of 1909. A general demurrer was filed by appellees to the complaint, and sustained by the court, and, appellant declining to plead further, the complaint was dismissed. From the…

1DissentMcCulloch, C. J.

The special statute upon which this action is founded does not authorize the county court to determine whether or not the collector has complied with the statute by paying funds over to the treasurer “within fifteen days after the collection of same. ” Nor is there any general statute which confers such authority. All that is required is that the collector shall take receipts from the treasurer, and present such receipts to the county court with his quarterly settlement accounts. Failure to pay the money to the treasurer within fifteen days constitutes a breach of the bond, and the measure of…

2Cases cited2 opinions

  1. Price v. Madison County BankSupreme Court of Arkansas · 1909
  2. Carroll County Bank v. State use Carroll CountySupreme Court of Arkansas · 1910

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