Files v. Fuller
Supreme Court of Arkansas
ERROR to Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. This petition was for mandamus to compel the Auditor to issue cei’tifieates for attorney’s fees in a suit brought under sec. 1, Acts 1881, p. 64, and it is submitted : 1. All contracts, whoever the parties may be, are made with reference to existing laws, and all such laws become part of the contract. 18 Ark., 369; 31 lb., 85; 40 Ark.y 433; 1 Marr {Iowa), 304; ® Chan.
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ERROR to Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. This petition was for mandamus to compel the Auditor to issue cei’tifieates for attorney’s fees in a suit brought under sec. 1, Acts 1881, p. 64, and it is submitted : 1. All contracts, whoever the parties may be, are made with reference to existing laws, and all such laws become part of the contract. 18 Ark., 369; 31 lb., 85; 40 Ark.y 433; 1 Marr {Iowa), 304; ® Chan. (Wis.), 183. 2. The law in force when the suit was brought, not when the fees were allowed, govern the rights of the parties. 6 La. Ann., 770; Gantt’s Dig., sec.…
1Opinion of the CourtEakin, J.
This writ of error brings up a peremptory mandamus of the Pulaski Circuit Court, commanding the-Auditor to issue a certificate of indebtedness of the State.
The writ of mandamus was impetrated by certain counsel who had been employed and rendered services in procuring the condemnation of lands, under the over-due tax law, on the chancery side of the Dallas Circuit Court. Their petition shows that they commenced the suit for that purpose at- the September term of the court in 1882' in the name of the State, on the relation of R. H. Dead-man against certain lands, under the acts of March twelfth…
2Cited by17 opinions
- St. Louis & North Arkansas Railroad v. MathisSupreme Court of Arkansas · 1905
- McConnell v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1902
- Robinson v. ChampionSupreme Court of Arkansas · 1972
- Bockman v. RorexSupreme Court of Arkansas · 1948
- Skelton v. BC Land Co., Inc.Supreme Court of Arkansas · 1976
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