Powell v. Durden
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. 1. The act is constitutional. The legislature is the sole judge in determining when a general law can be made applicable. See 35 Ark. 73 ; 36 id. 172; 48 id. 384 ; 50 Mo. 415 ; Cooley, Const. Dim. secs. 128, 168. 2. Under the act, all fees, etc., collected by officers belong to and are for the benefit of the county, and are payable in county scrip.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. 1. The act is constitutional. The legislature is the sole judge in determining when a general law can be made applicable. See 35 Ark. 73 ; 36 id. 172; 48 id. 384 ; 50 Mo. 415 ; Cooley, Const. Dim. secs. 128, 168. 2. Under the act, all fees, etc., collected by officers belong to and are for the benefit of the county, and are payable in county scrip. Sand. & H. Dig. sec. 1002. The act is special legislation, and unconstitutional. Const. 1874, art. 5, sec. 25; 24 Wis. 484 ; 25 id. 339; 28.id. 541 ; 12 Stew. (N. J.…
1Opinion of the CourtBunn, C. J.
The appellant, R. T. Powell — being indebted to the appellee, J. P. Durden, circuit clerk and recorder of Sebastian county, on the following items of account, to-wit: (1) To recording-release deed, $1.35; (2) to balance on D. J. Young’s deed, $2.50 ; (3) to filing, docketing and issuing complaint in equity, $2.95 ; (4) to filing, docketing and issuing complaint in equity, $2.05 ; total, $7.95 — tendered in payment thereof, on March 6, 1895, the amount in the county scrip of the Greenwood district of Sebastian county, and, on the same being refused, filed his petition for a writ of mandamus…
2Cases cited5 opinions
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- Davis v. GainesSupreme Court of Arkansas · 1886
- King v. . HunterSupreme Court of North Carolina · 1871
- People ex rel. Ballou v. DuboisIllinois Supreme Court · 1860
- Humphry v. SadlerSupreme Court of Arkansas · 1882
3Cited by15 opinions
- State v. SloanSupreme Court of Arkansas · 1899
- State v. MooreSupreme Court of Arkansas · 1905
- Hanson v. HodgesSupreme Court of Arkansas · 1913
- Cannon v. MaySupreme Court of Arkansas · 1931
- Smith v. ColeSupreme Court of Arkansas · 1933
10 more not listed; retrieve them via the Exa API.