Letchworth v. Flinn
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; Eugene Lankford, Judge; 1. The right to recover costs did not exist at common law, hut rests upon statute only. 86 Ark. 259; 60 Id. 194; 12 Id. 62. In the absence of a statute allowing costs, none can he recovered. 84 Ark. 187. There is no such statute.
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Appeal from Prairie Circuit Court, Northern District; Eugene Lankford, Judge; 1. The right to recover costs did not exist at common law, hut rests upon statute only. 86 Ark. 259; 60 Id. 194; 12 Id. 62. In the absence of a statute allowing costs, none can he recovered. 84 Ark. 187. There is no such statute. Kirby’s Dig., § 2850 to 2864; 95 Ark. 81; 86 Id. 259. The office of school director is not within our- statutes governing the contest of elections. 79 Ark. 213; 43 Id. 413. The judgment for costs was void. 2. Even under ch. 155, § § 7987-8, no provision for judgment for costs is provided.…
1Opinion of the CourtSmith, J.
This ease involves a contest over the office of school director, in Common School District No. 9, in Prairie County. The parties treat the evidence as being undisputed, and the depositions upon which the court made its findings of fact are not copied into the transcript. The judges of the election declared appellant elected, and gave him a certificate, certifying that fact, and upon it he qualified and assumed the duties of the office. Appellee instituted a contest in both the county and circuit courts. Trial was first had in the county court, and judgment there being rendered against…
2Cases cited4 opinions
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Wilson v. FussellSupreme Court of Arkansas · 1895
- Stout v. StateSupreme Court of Arkansas · 1884
- Brown v. HaselmanSupreme Court of Arkansas · 1906
3Cited by8 opinions
- Webb v. BowdenSupreme Court of Arkansas · 1916
- Pearson v. QuinnSupreme Court of Arkansas · 1915
- Storey v. JohnsonSupreme Court of Arkansas · 1930
- Ferguson v. PriddySupreme Court of Arkansas · 1920
- Martin v. HefleySupreme Court of Arkansas · 1976
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