Sallee v. Bank of Corning
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. Appellant sued appellee to recover the sum of $26,-775.81 with the accrued interest, the amount alleged to be due him as treasurer of Running Lake Drainage District, by appellees.
Read the full summary
Appeal from Randolph Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. Appellant sued appellee to recover the sum of $26,-775.81 with the accrued interest, the amount alleged to be due him as treasurer of Running Lake Drainage District, by appellees. Appellant, in his complaint, alleged: That J. O. Sallee is treasurer of Running Lake Drainage District in Randolph County, Arkansas; that he succeeded Ferd ¡Spinnenweber as treasurer of said district; that said district was duly organized under act number 197 of the acts of the General Assembly of the State of Arkansas, approved April…
1Opinion of the CourtHart, J.
(after stating the facts). We think the treasurer of the district was the real party in interest and had authority to sue for the money belonging to the district. In the case of Haynes v. Butler, 30 Ark. 69, the court held: That the county treasurer has capacity to sue or collect on his official bond for a failure to pay over money to him at a delinquent tax sale in excess of tax penalty and costs. The court said, that, as a general rule, all public officers, though not.expressly authorized by statute, have a capacity to sue, commensurate with their public trusts and duties. In Hunnicutt v.…
2Cases cited6 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Gus Blass Dry Goods Co. v. ReinmanSupreme Court of Arkansas · 1912
- Arkansas Life Insurance v. American National InsuranceSupreme Court of Arkansas · 1913
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co.Supreme Court of Arkansas · 1913
- Hunnicutt v. KirkpatrickSupreme Court of Arkansas · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1922
- Harger v. Oklahoma Gas & Electric Co.Supreme Court of Arkansas · 1937
- State Ex Rel. Seattle National Bank v. JoinerWashington Supreme Court · 1926
- St. Paul-Mercury Indemnity Co. v. City of HughesSupreme Court of Arkansas · 1960
- Kilgore Lumber Co. v. HalleySupreme Court of Arkansas · 1919
4 more not listed; retrieve them via the Exa API.