Gibney v. Crawford
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. H. C. Bunn, Sp. Judge. I. The burden of proof to show that the judgment of the county court was void, was on the appellee. Mansf. Dig., secs., 2870 — 1; 38 Ark., 157. In the absence of proof to the contrary, the'county court, a court of superior jurisdiction, will be presumed to have acted upon sufficient facts to maintain its action. 38 Ark., 157; 11 Id., 519. See also Freeman on Judgments, sec. 124, 3d Ed.; Ib., sec. 132; 28 Fed.
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APPEAL from Clark Circuit Court. H. C. Bunn, Sp. Judge. I. The burden of proof to show that the judgment of the county court was void, was on the appellee. Mansf. Dig., secs., 2870 — 1; 38 Ark., 157. In the absence of proof to the contrary, the'county court, a court of superior jurisdiction, will be presumed to have acted upon sufficient facts to maintain its action. 38 Ark., 157; 11 Id., 519. See also Freeman on Judgments, sec. 124, 3d Ed.; Ib., sec. 132; 28 Fed. Rep., 409; 8 N. W. Rep., 266; 8 N. E. Rep., 269; 2 S. W. Rep., 102; 31 Ark., 74. 2. But if the burden was on appellant, the court…
1Opinion of the CourtBattle, J.
The county court of Clark county made an order calling in certain outstanding county warrants for cancelling or re-issue, and fixing the time for the presentation of the same. After the time fixed had passed, appellees tendered warrants which had been called in, but had not been presented, to the collector, in payment of the tax assessed against their property for county purposes for the year 1885, and he refused to receive them. They then applied to the Clark circuit court for a mandamus to compel him to do so, which was granted and the collector appealed.
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