Buchanan v. Farmer
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; If there is a liability at all in this case, it could be created only by express contract. No recovery could be had on a quantum meruit. An appropriation to pay for legal expenses was necessary; none was made. It was the duty of the prosecuting attorney to bring the suit for the county and it was an abuse of the discretion of the county court to employ an attorney and pay him. There was really no liability by the.county.
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Appeal from Garland Circuit Court; Scott Wood, Judge; If there is a liability at all in this case, it could be created only by express contract. No recovery could be had on a quantum meruit. An appropriation to pay for legal expenses was necessary; none was made. It was the duty of the prosecuting attorney to bring the suit for the county and it was an abuse of the discretion of the county court to employ an attorney and pay him. There was really no liability by the.county. Kirby’s Digest, § 1499, as amended by Acts 1909; 34 Ark. 369; 26 Id. 37; 7 Am. & Eng. Enc. Law, (2 ed.) 941, 945-6;…
1Opinion of the CourtHart, J.
This appeal involves the right of the county court to make an allowance to T. P. Farmer for legal services rendered by him in behalf of Garland County. The facts are as follows:
The General Assembly at its 1911 session passed an act creating the eighteenth judicial circuit, composed of the counties of Garland and Montgomery. The act provided that two-thirds of the salaries of the judge and prosecuting attorney should be paid by Garland County, by order of the county court, and the remaining one-third of the salaries should be paid in the same manner as salaries of other judges and prosecuting…
2Cases cited3 opinions
- Cotham v. CoffmanSupreme Court of Arkansas · 1914
- Oglesby v. Fort Smith DistrictSupreme Court of Arkansas · 1915
- Spence & Dudley v. Clay CountySupreme Court of Arkansas · 1916
3Cited by12 opinions
- Page v. McKinleySupreme Court of Arkansas · 1938
- Board of Education of Lonoke Cty. v. Lonoke Cty.Supreme Court of Arkansas · 1930
- Ferrell v. ElkinsSupreme Court of Arkansas · 1923
- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916
- Fitts v. Commission of City of BirminghamSupreme Court of Alabama · 1932
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