Legal Opinion

Hendrix v. Morris

Supreme Court of Arkansas

Decided May 27, 1918PublishedCited by 6 opinions

Appeal from Lonoke Circuit Court; Thos. C. Trim-tie, Judge; 1. The directors and treasurer had no authority to expend the money. 192 8. W. 949. 2. Having exceeded their authority they are personally liable. 52 Ark. 541; 7 L. R. A. 180; 83 Ark. 275; 56 Id. 205; 123 Id. 255; 103 Id. 529; 25 Id. 318; 30 Id. 248. The defendants were not personally liable. They acted in good faith and were not liable for mere errors of judgment. 94 Ark. 583; 95 111. 263; 35 Am.

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Appeal from Lonoke Circuit Court; Thos. C. Trim-tie, Judge; 1. The directors and treasurer had no authority to expend the money. 192 8. W. 949. 2. Having exceeded their authority they are personally liable. 52 Ark. 541; 7 L. R. A. 180; 83 Ark. 275; 56 Id. 205; 123 Id. 255; 103 Id. 529; 25 Id. 318; 30 Id. 248. The defendants were not personally liable. They acted in good faith and were not liable for mere errors of judgment. 94 Ark. 583; 95 111. 263; 35 Am. Rep. 164; 38 Me. 279; 61 Am. Dec. 258; Cooley on Torts, 411; 110 Ark. 515; 52 Id. 546; 35 Cyc. 910, 911; 25 Kan. 662; 71 Mo. 62.

1Opinion of the CourtWood, J.

The question on this appeal is whether or not the appellees, school directors of England Special School District and the treasurer of Lonoke County are individually liable to the district for money, which the treasurer paid out of funds belonging to the district, on warrants drawn by the directors to pay for the purchasing, maintaining, and operating an automobile truck in conveying school children to -and from the public schools at England, Lonoke County, Arkansas.(1) In Hendrix v. Morris, 127 Ark. 222, 225, we held that the directors of this district and the treasurer had no authority to…

2Cases cited4 opinions

  1. McCormick v. BurtIllinois Supreme Court · 1880
  2. First National Bank v. WhisenhuntSupreme Court of Arkansas · 1910
  3. Sanborn v. NealSupreme Court of Minnesota · 1860
  4. Hendrix v. MorrisSupreme Court of Arkansas · 1917

3Cited by6 opinions

  1. Board of Education of Oklahoma City v. CloudmanSupreme Court of Oklahoma · 1939
  2. Adams v. BryantSupreme Court of Arkansas · 1963
  3. State Ex Rel. Attorney General v. Fidelity & Deposit Co.Supreme Court of Arkansas · 1933
  4. Quattlebaum v. BusbeaSupreme Court of Arkansas · 1942
  5. Haley-Thompson Special Consolidated School District v. SplawnSupreme Court of Arkansas · 1927

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