Williams v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The statutory proceeding for summary judgment must be strictly construed. 25 Ark. 353. The statute authorized the sheriff to pay the money to the attorneys of record, and he is not liable to summary judgment, unless he fails to pay the amount collected on execution, on demand of the plaintiff or his attorneys.
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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The statutory proceeding for summary judgment must be strictly construed. 25 Ark. 353. The statute authorized the sheriff to pay the money to the attorneys of record, and he is not liable to summary judgment, unless he fails to pay the amount collected on execution, on demand of the plaintiff or his attorneys. Sand. & H. Dig., § 4252. There was nothing irregular in the employment of the attorneys. . The state, though the nominal, is not the real plaintiff. 39 Ark. 172; 30 Ark. 71; 17 Am. & Eng. Enc. Law, 512, and notes, and note…
1DissentHughes, J.
I' dissent from the reasoning and from the conclusions of the court in this case upon the following grounds:
First. Because, in all suits for or against the state or county, it is made the duty of the prosecuting attorney to prosecute or defend. He alone is the attorney in such cases. The state was the plaintiff here. Sand. & H. Dig., §§ 6013, 6014,-6015.
Second. Where the county has an attorney on salary, whose duty it is made by statute to prosecute and defend all suits for or against her, there is no power or authority in the county court to employ an assistant attorney. The following cases…
2Cases cited7 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Clough & Wheat v. HartSupreme Court of Kansas · 1871
- County of Platte v. GerrardNebraska Supreme Court · 1882
- Hight v. Board of CommissionersIndiana Supreme Court · 1879
- Rawson v. Mayor of New YorkNew York Supreme Court · 1857
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