Nevada County v. Hicks
Supreme Court of Arkansas
APPEAL from Nevada circuit court. C. E.- Mitched, Judge. 1. No county can issue interest bearing evidence of indebtedness.' * * * Art. 16, Sec. 1, Const. 1874; 86 Arh., 89. 2. Secs. 4740 and 4741, Mansf. Dig., have no application to judgments against counties. Sec. 1, Act February 27, 1879. As no suit can be brought against a county, and no effects sold, these sections contain no warrant for the allowance of interest against a county.
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APPEAL from Nevada circuit court. C. E.- Mitched, Judge. 1. No county can issue interest bearing evidence of indebtedness.' * * * Art. 16, Sec. 1, Const. 1874; 86 Arh., 89. 2. Secs. 4740 and 4741, Mansf. Dig., have no application to judgments against counties. Sec. 1, Act February 27, 1879. As no suit can be brought against a county, and no effects sold, these sections contain no warrant for the allowance of interest against a county. As no county can contract to pay interest, and no debt it makes bear's interest, a judgment upon a debt that by contract does not bear interest, could bear…
1Opinion of the Court
C. B. Moore, 'Special Judge.
This case is no stranger ■here. This court has met it, and has introduced it to the public on two former occasions, once as reported in 38th Ark., page 557, and again as reported in 48th Ark., page 515.
In 1878, appellant instituted suit, at law, against the appellees, in the circuit court of Hempstead county, where they resided, on a bond executed by appellees in a contract for building a bridge. Appellees answered, denying the forfeiture of the bond, and claiming pay tor the bridge.
The cause was transferred to the equity docket, and resulted in a decree in favor…
2Cases cited1 opinion
- Amis v. SmithSupreme Court of the United States · 1842
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- Jefferson County v. PhilpotSupreme Court of Arkansas · 1899
- Moran v. HagermanU.S. Circuit Court for the District of Nevada · 1895