Legal Opinion

Dunn v. Ouachita Valley Bank

Supreme Court of Arkansas

Decided December 20, 1902PublishedCited by 3 opinions

Appeal from Calhoun Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment granting mandamus against the appellant as treasurer of Calhoun county, commanding him to pay certain county warrants of appellee. These warrants were issued upon the orders of allowance of the county court of Calhoun county in favor of W. Ii. Hall or bearer.

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Appeal from Calhoun Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment granting mandamus against the appellant as treasurer of Calhoun county, commanding him to pay certain county warrants of appellee. These warrants were issued upon the orders of allowance of the county court of Calhoun county in favor of W. Ii. Hall or bearer. Counsel for appellee states in his brief that “these warrants were drawn on the stenographer’s fund, and the fact that it was not so stated in the complaint was a clerical error. It was considered that way by the court…

1Opinion of the Court

Wood, J.,

(after stating the facts.) It was alleged in the complaint, and not denied, that there was in the county treasury at the time these warrants were presented, not appropriated to any fund, the sum of one thousand dollars. Appellee contends that the warrants should have been paid under the authority of section 1243, Sandels & Hill’s Digest, which reads as follows: “All warrants drawn on the treasury shall be paid out of any money in the treasury not otherwise appropriated, or out of the particular fund expressed therein, and shall be received, irrespective of their number and date, in…

2Cases cited2 opinions

  1. Chamberlain v. StateSupreme Court of Arkansas · 1887
  2. Franklin County v. McRavenSupreme Court of Arkansas · 1900

3Cited by3 opinions

  1. Lawyer v. CarpenterSupreme Court of Arkansas · 1906
  2. Abbott v. ButlerSupreme Court of Arkansas · 1947
  3. Cheney v. East Texas Motor Freight, Inc.Supreme Court of Arkansas · 1961

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