Grimmett v. Askew
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. Hon. O. D. Scott, Special Judge. The act authorizing county courts to call in scrip for the purposes contemplated by the order of March 8, 1873, is constitutional. 25 Ark., 261; 37 ib., 649; 33 ib., 788. Askew waived any want of compliance with the requirements of the statute in the matter of notice, etc., by presenting his scrip. 33 Ark., 744- If the appellee was not satisfied with the order rejecting his scrip, he should have appealed.…
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APPEAL from Columbia Circuit Court. Hon. O. D. Scott, Special Judge. The act authorizing county courts to call in scrip for the purposes contemplated by the order of March 8, 1873, is constitutional. 25 Ark., 261; 37 ib., 649; 33 ib., 788. Askew waived any want of compliance with the requirements of the statute in the matter of notice, etc., by presenting his scrip. 33 Ark., 744- If the appellee was not satisfied with the order rejecting his scrip, he should have appealed. 39 Ark., 485. The board of supervisors were the legitimate successor of the county court, with same jurisdiction, etc.…
1Opinion of the Court
Hon. Ben T. Duval, Special Judge.
The plaintiff', Askew, in March, 1882, brought this action for mandamus to compel the collector of Columbia county to receive certain scrip issued in 1864, in payment-of taxes for 1881.
The court below sustained a demurrer to the answer and rendered judgment in favor of the plaintiff, and defendant appealed to this court.
The appellant relies upon but one ground for reversal, that is: Whether the facts stated in the second paragraph of the defendant’s answer constitute a defense ? They are that at a regular term of the Columbia circuit court, held on the 8th day…
2Cases cited4 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Mills v. MartinNew York Supreme Court · 1821
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Mechanics' Bank of Alexandria v. WithersSupreme Court of the United States · 1821
3Cited by8 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Axley v. HammockSupreme Court of Arkansas · 1932
- St. Louis, Iron Mountain & Southern Railway Co. v. DudgeonSupreme Court of Arkansas · 1897
- King v. HarrisSupreme Court of Arkansas · 1918
- Hendricks v. HensonSupreme Court of Arkansas · 1936
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