CarlLee v. Williams
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court, Northern District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. On February 25, 1911, the State of Aransas recovered a judgment against appellants, who were sureties on a bail bond in the Woodruff Circuit Court for $500, and on April 3, 1911, a proclamation was issued by the Governor of the State relieving appellants from the payment of the judgment, or any part thereof.
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Appeal from Woodruff Chancery Court, Northern District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. On February 25, 1911, the State of Aransas recovered a judgment against appellants, who were sureties on a bail bond in the Woodruff Circuit Court for $500, and on April 3, 1911, a proclamation was issued by the Governor of the State relieving appellants from the payment of the judgment, or any part thereof. On October 4, 1911, an execution was issued for the costs due in the case in which appellants had executed the bond, and the sum of $50 was included therein as “10 per cent of…
1Opinion of the Court
Smith, J.,
(after stating the facts). Apellants say the proclamation of the Governor remitting the forfeiture of the bond relieved them from all liability for its payment, and they say, because this is true, the prosecuting attorney has no right to collect the per cent of it to which he would otherwise be entitled, because his fee was contingent upon the final collection of the judgment. Upon the other hand, appellee says that his fee was earned when he recovered judgment, and that the Governor’s proclamation could remit only that portion of the bond in which the public was interested. Both…
2Cases cited3 opinions
- Villines v. StateSupreme Court of Arkansas · 1912
- Ex parte PurcellSupreme Court of Arkansas · 1895
- Herrn v. Sharp CountySupreme Court of Arkansas · 1906
3Cited by1 opinion
- McInturf v. StateSupreme Court of Arkansas · 1927