Newton v. Askew
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court. C. W. Smith, Judge. I. The record recites that due notice had been given. The demurrer admits all the allegations of the answer and the recitals of the order. The record reciting due notice is conclusive. Sec. 5201, Mansf. Dig.; 11 Ark., 519; 25 Ark., 60; 13 Bush, 544; 5 Otto, 748; 26 Am.
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APPEAL from Ouachita Circuit Court. C. W. Smith, Judge. I. The record recites that due notice had been given. The demurrer admits all the allegations of the answer and the recitals of the order. The record reciting due notice is conclusive. Sec. 5201, Mansf. Dig.; 11 Ark., 519; 25 Ark., 60; 13 Bush, 544; 5 Otto, 748; 26 Am. Rep., 222; 49 Ark., 397. County courts are courts of superior jurisdiction. 38 Ark., 157. Calling in warrants is part of their constitutional jurisdiction. 25 Ark., 261; 33 Ark., 740; 13 Otto, 559. No proper notice was given, nor was the proof of notice sufficient. Nor do…
1Opinion of the CourtHughes, J.
The question in this case arises upon a demurrer to the answer of appellant to the petition of appellee for a writ of mandamus to compel appellant, as collector of revenue in Ouachita county, to receive certain county warrants in payment of county taxes assessed against the property of appellee, which warrants had been tendered by appellee in payment of said taxes, and refused-by appellant as ■such collector.
Appellee in his answer pleaded the order and judgment ■of the county court made at its April term, 1876, barring the scrip involved in this suit, pursuant to the order and judgment ■of…
2Cited by3 opinions
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Austin-Western Road MacHinery Co. v. BlairSupreme Court of Arkansas · 1935
- Condon v. City of Eureka SpringsU.S. Circuit Court for the District of Western Arkansas · 1905