Armstrong v. Truitt
Supreme Court of Arkansas
APPEAL from Conway Circuit Court. G. S. Cunningham, Judge. Appellant had a right to intervene in this cause. Art. 7, sec. 51, Const. 1874. In this case there was an allowance of $8,000, and $1,000 ordered to be paid in advance. The county judge is a trustee. 50 Ark., 447. Any evidence which tended to show an abuse of discretion was competent. A judge’in vacation has no authority to make contracts. Appellant had no right to intervene or appeal.
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APPEAL from Conway Circuit Court. G. S. Cunningham, Judge. Appellant had a right to intervene in this cause. Art. 7, sec. 51, Const. 1874. In this case there was an allowance of $8,000, and $1,000 ordered to be paid in advance. The county judge is a trustee. 50 Ark., 447. Any evidence which tended to show an abuse of discretion was competent. A judge’in vacation has no authority to make contracts. Appellant had no right to intervene or appeal. The award of a contract by the county court is, in no sense, an allowance against the county. Const., art. 7, sec. 51. The county court has exclusive…
1Opinion of the CourtBattle, J.
These two cases were submitted by consent upon the same abstracts and briefs, and considered by this court at the same time. In the first case it appears the county court of Conway county ordered a jail to be built, awarded the contract to R. S. Truitt, he being declared the lowest bidder, and ordered him to enter into bond for the faithful performance thereof. The contract was reduced to writing and presented to the court for approval. Thereupon Carroll Armstrong, a citizen, resident and tax payer of Conway county appeared, and for several reasons objected to its approval. His objection was…
2Cases cited1 opinion
- Moffit v. State ex rel. FlemingIndiana Supreme Court · 1872
3Cited by8 opinions
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- Bowman v. FrithSupreme Court of Arkansas · 1905
- Jones v. CapersSupreme Court of Arkansas · 1960
- Wright v. LecroySupreme Court of Arkansas · 1931
- Vaughan v. ButterfieldSupreme Court of Arkansas · 1908
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