Legal Opinion

Franklin County v. McRaven

Supreme Court of Arkansas

Decided March 3, 1900PublishedCited by 3 opinions

Appeal from Franklin Circuit Court, Ozark District. STATEMENT BY THE COURT. On July 1, 1899, John McRaven filed his claim in the county court of Franklin county against said county for service as court stenographer for the quarter ending July 1,1899, in the sum of $63.87. The claim was regularly filed, and the circuit judge duly certified same. The county court at first allowed the claim, and ordered a warrant drawn for the payment of same out of the stenographer’s fund.

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Appeal from Franklin Circuit Court, Ozark District. STATEMENT BY THE COURT. On July 1, 1899, John McRaven filed his claim in the county court of Franklin county against said county for service as court stenographer for the quarter ending July 1,1899, in the sum of $63.87. The claim was regularly filed, and the circuit judge duly certified same. The county court at first allowed the claim, and ordered a warrant drawn for the payment of same out of the stenographer’s fund. Afterwards, at the same term of court, the order of allowance and directing the warrant for payment was revoked, as…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The question is, are the counties of a circuit absolutely liable for their pro rata of the stenographer’s salary of $800, where there is no money, or not sufficient money, in the “stenographer’s fund” to pay such pro rataf The question is by no means of easy solution, and the learned circuit judge has favored us with an opinion which is a forcible and plausible presentation of his views. But, after a careful consideration of the whole act, we are constrained to the opinion that he is in error. He suggests that if the fifth section read: “The stenographer…

2Cited by3 opinions

  1. Anderson v. American State BankSupreme Court of Arkansas · 1928
  2. Peet v. City of East Grand ForksSupreme Court of Minnesota · 1907
  3. Dunn v. Ouachita Valley BankSupreme Court of Arkansas · 1902

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