Hencke v. Standiford
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. This suit was by the appellant as treasurer of the incorporated town of Pocahontas on the following instrument: “$500. On or before November 15,1895, we or either of us promise to pay John Hencke, as treasurer of the incorporated town of Pocahontas, Ark., or successor in office, five hundred dollars, value received, to bear interest from date until paid at the rate of ten per cent, per…
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Appeal from Randolph Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. This suit was by the appellant as treasurer of the incorporated town of Pocahontas on the following instrument: “$500. On or before November 15,1895, we or either of us promise to pay John Hencke, as treasurer of the incorporated town of Pocahontas, Ark., or successor in office, five hundred dollars, value received, to bear interest from date until paid at the rate of ten per cent, per annum.” Signed by the appellees. The answer admitted the execution of the note, but denied liability, upon the ground “that…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Was the finding of the court correct? Under section three of the ordinance the applicant for license had to file with the recorder the receipt of the treasurer of the town for the amount of money required to be paid for the license before the .recorder was authorized to issue the license, and under section four the applicant for license had to first pay into the treasury of the town the sum of $500.
It will thus be seen that the issuance of the license was illegal. The license itself was void. It conferred no rights and no protection to the applicant against…
2Cases cited7 opinions
- Baldwin v. ScogginSupreme Court of Arkansas · 1855
- McWilliams v. PhillipsMississippi Supreme Court · 1875
- Shorman v. EakinSupreme Court of Arkansas · 1886
- Doran v. Phillips ex rel. Village of Mount MorrisMichigan Supreme Court · 1881
- Zielke v. StateNebraska Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. RoseSupreme Court of Missouri · 1936
- United States v. JourdenCourt of Appeals for the Ninth Circuit · 1912
- Hill v. RectorSupreme Court of Arkansas · 1923
- Neece v. JosephSupreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railroad v. DavisSupreme Court of Arkansas · 1965
7 more not listed; retrieve them via the Exa API.