Legal Opinion

Kansas City Southern Railway Co. v. State

Supreme Court of Arkansas

Decided March 13, 1911PublishedCited by 1 opinion

Appeal from Polk Circuit Court; /. T. Coiding, Judge;, 1. The accounts were not sworn to according to law. Kinby’s Digest, § 3524; 91 Ark. 600; 64 Ark. 148. An account is a formal statement in detail of transaction — a list or statement of monetary or property transactions or detailed statement. 88 Me. 108; 10 West.

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Appeal from Polk Circuit Court; /. T. Coiding, Judge;, 1. The accounts were not sworn to according to law. Kinby’s Digest, § 3524; 91 Ark. 600; 64 Ark. 148. An account is a formal statement in detail of transaction — a list or statement of monetary or property transactions or detailed statement. 88 Me. 108; 10 West. Law Journal, 145; 38 Me. 149; 45 Mo. 573 p 102 Mich. 462; 79 Miss. 220; 53 Mo. 423 •; 128 Ala. 505; 64 Ark. 148; 91 Ark. 600. A statement merely showing a total sum or balance is not an account. 16 Atl. 138. 2. The witnesses were not legally summoned. A bench warrant is not a…

1Opinion of the CourtKirby, J.

This appeal is brought from the judgment of the Polk Circuit Court overruling appellant’s motion to retax the costs in each of ten cases that were in said court upon indictments returned against it at the October,' 1909, term, charging violations of section 6634 of Kirby’s Digest for failure to provide drinking water, keep separate waiting rooms, water closets, etc.

The circuit court convened in regular session on October 17, the indictments were returned on the 22d. Bench warrants were issued on that day on each of the ten indictments, and the sheriff returned them duly served on that day “by…

2Cases cited3 opinions

  1. Fortenheim v. Claflin, Allen & Co.Supreme Court of Arkansas · 1885
  2. Guy, McClellan & Co. v. Walker & JohnsonSupreme Court of Arkansas · 1879
  3. Trimble v. Railway Co.Supreme Court of Arkansas · 1892

3Cited by1 opinion

  1. Perryman v. Abston, Wynne & Co.Supreme Court of Arkansas · 1924

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