Wiegel v. Pulaski County
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. No formal pleadings are required in the county court. No question could be raised by demurrer. 30' Ark. 560; 31 Ark. 384; Jb. 657; 53 id '. 378. 2. It was error to dismiss the action without giving plaintiff leave to amend.
Read the full summary
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. No formal pleadings are required in the county court. No question could be raised by demurrer. 30' Ark. 560; 31 Ark. 384; Jb. 657; 53 id '. 378. 2. It was error to dismiss the action without giving plaintiff leave to amend. Sand.' & H. Dig. sec.. 5719; 30 Ark. 771; 44 id. 314; 27 id. 218. 3. The question of a valid contract was res judicata, and was final after the lapse of time. 24 Ark. 50 ; 22 id. 308 ; 55 id. 275; Holmes v. Or. Ry. Co., 9 Fed. Rep.; 28 S. W. 1086; 39 Ark. 485; 47 id. 85. Fven where a board or officer is authorized…
1Opinion of the CourtHughes, J.
Pleading's in county court.
This is an appeal from the judgment of the circuit court, sustaining a demurrer to a demand presented to the county court, verified according to the statute, for allowance against the ■ county of Pulaski, which had been disallowed by the county court, and from which disallowance an appeal was taken to the circuit court. No formal pleadings were filed in the case, and none were required. Only the account of appellant, in two items — one of $2,000, and one of $6,400, for building Arch street turnpike, under contract with the county, properly verified — was filed, and…
2Cases cited4 opinions
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Watkins v. GriffithSupreme Court of Arkansas · 1894
- Newport v. Railway Co.Supreme Court of Arkansas · 1893
- Leonard v. City of CantonMississippi Supreme Court · 1858
3Cited by16 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- Airy v. ThompsonSupreme Court of Oklahoma · 1931
- City of Abbeville v. Eureka Fire Hose Manufacturing Co.Supreme Court of Georgia · 1933
11 more not listed; retrieve them via the Exa API.