International Harvester Co. of America v. Searcy County
Supreme Court of Arkansas
Appeal from Se.arcy Circuit Court; Jno. I. Worthington, Judge; STATEMENT OE EACTS. This action was begun in the county court by the International Harvester Company of America to recover a claim of $1,514.60 for road machinery alleged to have been sold by it to Searcy County. The county court rejected the claim, and an appeal was taken to the circuit court.
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Appeal from Se.arcy Circuit Court; Jno. I. Worthington, Judge; STATEMENT OE EACTS. This action was begun in the county court by the International Harvester Company of America to recover a claim of $1,514.60 for road machinery alleged to have been sold by it to Searcy County. The county court rejected the claim, and an appeal was taken to the circuit court. There the cause was tried anew upon the following facts: In October, 1915, the levying court of Searcy County considered the purchase of road machinery, and by resolution authorized the county court to purchase the machinery and agreed to…
1Opinion of the Court
Hart, J.,
(after stating the facts). The claim was disallowed because no appropriation had been made for buying road machinery by the levying court and that for this reason the county court had no authority to make a contract for its purchase. The ruling is sought to be upheld under section 1502 of Kirby’s Digest, which reads as follows:
“No county court or agent of any county shall hereafter make any contract on behalf of the county unless an appropriation has been previously made therefor and is wholly or in part unexpended.”
It has been held that under this section the county court has no…
2Cases cited4 opinions
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Howard County v. LambrightSupreme Court of Arkansas · 1904
- Greenberg Iron Co. v. DixonSupreme Court of Arkansas · 1917
3Cited by14 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- McCuistion v. City of Siloam SpringsSupreme Court of Arkansas · 1980
- Yaffe Iron Metal Company v. Pulaski CountySupreme Court of Arkansas · 1934
- Fort Smith v. United States Rubber Co.Supreme Court of Arkansas · 1931
- Omaha Road Equipment Co. v. Thurston CountyNebraska Supreme Court · 1931
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