Legal Opinion

Baker v. York

Supreme Court of Arkansas

Decided March 19, 1898PublishedCited by 2 opinions

Appeal from Stone Circuit Court. Richard H. Powell, Judge. The notice of the order of cancellation must conform strictly to the requirements of the statute authorizing and* regulating its publication. Sand. & H. Dig., § 1004; 33 Ark. 740; 48 Ark. 238; 51 Ark. 34; 61 Ark. 259, 265. And the proof of the making and manner of publication must also conform to the statute. Sand. & II.

Read the full summary

Appeal from Stone Circuit Court. Richard H. Powell, Judge. The notice of the order of cancellation must conform strictly to the requirements of the statute authorizing and* regulating its publication. Sand. & H. Dig., § 1004; 33 Ark. 740; 48 Ark. 238; 51 Ark. 34; 61 Ark. 259, 265. And the proof of the making and manner of publication must also conform to the statute. Sand. & II. Dig., § 4685; 51 Ark. 34, 42; 55 ib. 218; 54 ib. 627, 643; 61 Ark. 259, 265; 10 Fed. 891. The proof of publication was jurisdictional, and, it being defective, the county court could take no valid action. Nor could it…

1Opinion of the CourtBunn, C. J.

This is a proceeding to compel a sheriff and collector of taxes to take in payment of the county taxes due by the appellant certain county treasury warrants or scrip, which had been called in and cancelled by a previous proceeding and order of the county court.

The only question necessary for us to consider is as to the sufficiency of the nature of the proceeding in the county court to authorize it to annul the warrants involved, on the failure of their holder to present the same for examination as required by the order of the court. This proceeding to call in scrip is statutory, is not…

2Cases cited3 opinions

  1. Gibney v. CrawfordSupreme Court of Arkansas · 1888
  2. Lusk v. Perkins & GeorgeSupreme Court of Arkansas · 1886
  3. Crudup v. RichardsonSupreme Court of Arkansas · 1895

3Cited by2 opinions

  1. People v. ShockleyIllinois Supreme Court · 1924
  2. Good Roads Machinery Co. v. CoxSupreme Court of Arkansas · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API