State v. Turner
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. M. T. Sanders, Judge. I. The remedy in this case is clearly in equity. When the frauds were discovered in the settlements the County Court could not open and restate the accounts. 30 Ark., 603; Mans/. Dig., sec. 383r; Gantt's Dig., sec. 3280. The sureties could not be sued at lazo until a judicial ascertainment of the amount due from the principal. 22 Ark., 236; 33 id., 365; 42 id., 392. One of the recognized powers of equity…
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APPEAL from Phillips Circuit Court in Chancery. M. T. Sanders, Judge. I. The remedy in this case is clearly in equity. When the frauds were discovered in the settlements the County Court could not open and restate the accounts. 30 Ark., 603; Mans/. Dig., sec. 383r; Gantt's Dig., sec. 3280. The sureties could not be sued at lazo until a judicial ascertainment of the amount due from the principal. 22 Ark., 236; 33 id., 365; 42 id., 392. One of the recognized powers of equity is to open and restate accounts, or settlements obtained by fraud (33 Ark., 729; 30 id., 66; 40 id., 393); and especially…
1Opinion of the CourtSmith, J.
This bill in equity was filed by the State in its own behalf and for use of Phillips county, against Bart Y. Turner, late collector of said-county, and the sureties on his six several bonds as such collector for the years 1878, 1879, 1880', 1881, 1882 and 1883. It charges that Turner was elected Sheriff in 1878, re-elected in 1880, and again in 1882; that, by virtue of his office, he was collector of revenue in and for said county; and that he qualified by giving bond and acted as collector for each of the six years mentioned. The sureties on each bond are joined as defendants and the…
2Cases cited1 opinion
- Lott v. Mobile CountySupreme Court of Alabama · 1885
3Cited by6 opinions
- Fuller v. State ex rel. Craighead CountySupreme Court of Arkansas · 1914
- State v. PerkinsSupreme Court of Arkansas · 1912
- Big Gum Drainage District v. CrewsSupreme Court of Arkansas · 1923
- Bledsoe v. StateSupreme Court of Arkansas · 1925
- State Use Arkansas County v. PollardSupreme Court of Arkansas · 1926
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