Pritchard v. Woodruff
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit J udge. Cited Acts of 1879, p. 103, sec. 33. Former petition bad, as made more than ten years after the appropriation. Const., Art. V, sec. 29, and because it did not show that there was money in the state treasury properly appropriated. Former decision not on the merits and no bar. 25 Cal., 272; 20 N.H., 260; 19 ib., 211; 15 Iowa, 32; 20 Texas, 612. Besides the new appropriation raised the right.
Read the full summary
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit J udge. Cited Acts of 1879, p. 103, sec. 33. Former petition bad, as made more than ten years after the appropriation. Const., Art. V, sec. 29, and because it did not show that there was money in the state treasury properly appropriated. Former decision not on the merits and no bar. 25 Cal., 272; 20 N.H., 260; 19 ib., 211; 15 Iowa, 32; 20 Texas, 612. Besides the new appropriation raised the right. Submitted the points to the court without contest.
1Opinion of the Court
STATEMENT.
Eakin, J.
This is an application for a mandamus. On the ninth of July, 1859, Weaver purchased from a land agent of the state certain seminary lands, giving notes therefor amounting to $1,280, and receiving a certificate of purchase, which, on the second of June, 1862, he assigned to Pritchard, who, on the eighth of August following, paid the purchase money to the state and received a deed.
Supposing that the payment and deed, so made and executed, were illegal, as having occurred whilst the state was acting with the Confederate States of America, and that they would not sustain his…
2Cited by3 opinions
- State ex rel. Booth v. BryanOregon Supreme Court · 1894
- Gilmer v. MorrisUnited States Circuit Court · 1886
- McCracken v. StateNevada Supreme Court · 1917