State ex rel. Izard County v. Hinkle
Supreme Court of Arkansas
APPEAL from Izard County. Hon. J. L. Abernethy, Special Judge. ‘ ‘ An action for moneys fraudulently obtained, although ■at different times, and by divers frauds, is held to embrace hut one cause of action.” Bliss on Code Pleading, Bee. 118. The County Court, when engaged in,passing upon claims presented before it, acts merely as the financial agent of the county, and, by such proceedings, it can create no estoppel.
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APPEAL from Izard County. Hon. J. L. Abernethy, Special Judge. ‘ ‘ An action for moneys fraudulently obtained, although ■at different times, and by divers frauds, is held to embrace hut one cause of action.” Bliss on Code Pleading, Bee. 118. The County Court, when engaged in,passing upon claims presented before it, acts merely as the financial agent of the county, and, by such proceedings, it can create no estoppel. Shirk v. Pulaski County,, 4 Dillon, 209 ; Campbell v. Polk, 3 Iowa, 467; Washington County v. Parlier, 10 Ms. (5 Gill.), 232. The allowances were illegal. Bee. 604, Gantt’s…
1Opinion of the Court
opinion.
English, C. J.
This action was commenced 26th November, 1879, and was brought in the name of the State, for the use of Izard County, as provided by the Act of 27th February, 1879. (Acts of 1879, p. 13.)
The court below no doubt sustained the first cause of demurrer, (want of jurisdiction,) to the fifth paragraph of the complaint, because though the order of allowance, set forth in that paragraph, had been rescinded by the County-Court, at the term at which it was made, and when under-its control, yet the sum claimed in the paragraph, being but $22, was not within the jurisdiction of the…
2Cited by11 opinions
- Monroe County v. BrownSupreme Court of Arkansas · 1915
- Gregg v. HatcherSupreme Court of Arkansas · 1910
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
- Lamb & Rhodes v. HowtonSupreme Court of Arkansas · 1917
- Hutson v. State Ex Rel. Hempstead CountySupreme Court of Arkansas · 1926
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