Cope v. Collins
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. W. D. Jaco way, Circuit Judge. 1. The County Court having levied a tax of five mills, could levy no further tax.
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APPEAL from Franklin Circuit Court. Hon. W. D. Jaco way, Circuit Judge. 1. The County Court having levied a tax of five mills, could levy no further tax. Sec. 9, Art. XVI., Constitution,Qraham v. Parham, 32 Arle., 676. 2. The petitioner having been previously paid, procuring the issue of the warrant, was a fraud, and as a county cannot appeal from a judgment of its own County Court— ChicotCo.. v. Tilghman, 26 Arle.,M>l — it can defend against sucha judgment, on the ground of fraud. The County Court, in issuing warrants, is not an independant tribunal, with power to determine judicially vested…
1Opinion of the CourtEnglish, C. J.
On the ninth of May, 1879, Warren Collins, administrator of Wilson W. Collins, presented to the Circuit Court of Eranklin county a petition for mandamus, alleging, in substance:
That at an adjourned session of the October term, 1872, of the County Court of said county, Wilson W. Collins was-allowed a claim against the county for $3,164.19, with interest at ten per cent, from date of allowance, for balance due to him for furnishing materials and erecting a court-house. That to pay for the court-house, there had theretofore been, from time to time, levied and collected taxes, to create what was…
2Cited by9 opinions
- Monroe County v. BrownSupreme Court of Arkansas · 1915
- Adamson v. City of Little RockSupreme Court of Arkansas · 1939
- Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
- State Ex Rel. R-1 School District of Putnam County v. EwingMissouri Court of Appeals · 1966
- Condon v. City of Eureka SpringsU.S. Circuit Court for the District of Western Arkansas · 1905
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