Clarke v. School District No. 16
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; This is an action by School District No. 16 oí Clark County, and Ben Bussell, the treasurer of said county, to recover from defendant, George W.. Clarke, the sum of $90, with interest, which amount was paid to defendant by Bussell, while treasurer of the county, upon six school warrants of $15 each, issued to defendant while the director of said district.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; This is an action by School District No. 16 oí Clark County, and Ben Bussell, the treasurer of said county, to recover from defendant, George W.. Clarke, the sum of $90, with interest, which amount was paid to defendant by Bussell, while treasurer of the county, upon six school warrants of $15 each, issued to defendant while the director of said district. The complaint alleges the dates of payment, and shows that four of them were made more than three years before this suit was brought. , It alleges that the warrants were unlawfully…
1Opinion of the CourtWood, J.
The questions presented by this ..appeal are: (1) Can the directors of a common school district employ one of their number as clerk of the board at a salary of $15 payable out of the school fund?(2) If the sums are illegally paid, can the treasurer of the county, who pays warrants drawn for such amounts, recover same back from the person to whom the sums were paid?(3) Does the statute of limitations run against the treasurer, Bussell, or the school district to recover the funds? Was the district a proper party? -
Answering these in the order named:
• i. We find no statute authorizing the…
2Cases cited3 opinions
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Helena v. HornorSupreme Court of Arkansas · 1893
- May v. School District No. 22Nebraska Supreme Court · 1887
3Cited by18 opinions
- Muse v. Prescott School Dist.Supreme Court of Arkansas · 1961
- Ozarks Unlimited Resources Cooperative, Inc. v. DanielsSupreme Court of Arkansas · 1998
- County of Johnson v. United States Gypsum Co.District Court, E.D. Tennessee · 1984
- Dermott Special School District v. JohnsonSupreme Court of Arkansas · 2000
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
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