Legal Opinion

Underwood v. Sledge

Supreme Court of Arkansas

Decided December 15, 1871PublishedCited by 17 opinions

APPEAL FROM PHILLIPS CIRCUIT COURT. Hon. John E. Bennett, Circuit Judge. 1st. The County Court has control over its judgments during the whole of thegterm at which they áre rendered. 2 Ark., 66; 6 Id., 92; 10 IJ.,-241; 5 Id., 25; Code, page 176, Sec. 571. 2d. Presumption in law is in favor of the finding of the County Court. 2-3 Ark., 14; lb. 208. 3d.

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APPEAL FROM PHILLIPS CIRCUIT COURT. Hon. John E. Bennett, Circuit Judge. 1st. The County Court has control over its judgments during the whole of thegterm at which they áre rendered. 2 Ark., 66; 6 Id., 92; 10 IJ.,-241; 5 Id., 25; Code, page 176, Sec. 571. 2d. Presumption in law is in favor of the finding of the County Court. 2-3 Ark., 14; lb. 208. 3d. Section 13 of the law, (new Digest, p. 166) places the matter of appointing county attorneys with the County Court, and unless there is a plain abuse of this authority, there is no relief. 5 Ark., 309; 6 Id., 431; 10 Ici.,.442. 4th. The matter…

1Opinion of the CourtGregg, J.

It appears, from the record, that on the 28th of November, 1870, a majority of the County Court of Phillips county passed an order to appoint an attorney for that county, and electedthe appellee, who was a member of the court, to fill the office and fixed his salary at fifteen hundred dollars per annum; that the appellee was present and active, voted to have such attorney elected and for the salary of the amount stated; did not vote for himself to fill the office, but no,one else was put in nomination; that the appellant refused to vote for him and entered a protest.

Two days after, and during…

2Cited by17 opinions

  1. Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
  2. Todd v. OrrSupreme Court of Oklahoma · 1914
  3. Massengale v. JohnsonSupreme Court of Arkansas · 1980
  4. Union Sawmill Company v. LangleySupreme Court of Arkansas · 1933
  5. Blissard Management & Realty, Inc. v. KremerSupreme Court of Arkansas · 1984

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