Rolfe v. Spybuck Drainage District No. 1
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. S. Thomas, Special Judge; The county court is vested with exclusive original jurisdiction to “audit, settle and direct the payment of all demands against the county.”
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Appeal from St. Francis Circuit Court; J. S. Thomas, Special Judge; The county court is vested with exclusive original jurisdiction to “audit, settle and direct the payment of all demands against the county.” Art. 28, section 7, Const. 1874; Kirby’s Digest, § 1375. The use of the word “audit,” both in the Constitution and the statute, plainly implies judicial discretion, and in its nature requires the exercise of judgment. 1 Words & Phrases, 641. Since such discretion and judgment is necessary in the auditing of an account, the writ of mandamus will not lie. 44 Ark. 230; 65 Ark. 164; 34 Ark.…
1Opinion of the CourtFrauenthal, J.
This was a proceeding by mandamus, instituted by the Spybuck Drainage District No. 1, seeking a judgment to compel E. A. Rolfe as county judge of St. Francis County to order the clerk of said county to issue a warrant for the payment of certain assessments made for the benefits accruing to the public roads of said county by the construction of a ditch in said drainage district. The complaint' alleged in effect that the said drainage district was constituted and estab lished by the county court of St. Francis County under and in pursuance of section 1414 et seq. of Kirby’s Digest, for the…
2Cases cited12 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- Garland Power & Development Co. v. State Board of RailroadSupreme Court of Arkansas · 1910
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Parsel v. Barnes & Bro.Supreme Court of Arkansas · 1868
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3Cited by17 opinions
- Burgess v. Four States Memorial HospitalSupreme Court of Arkansas · 1971
- Eason v. ErwinSupreme Court of Arkansas · 1989
- Jeffery, County Judge v. TrevathanSupreme Court of Arkansas · 1949
- Arkansas State Highway Commission v. Otis & Co.Supreme Court of Arkansas · 1930
- City of Memphis, Tennessee v. IngramCourt of Appeals for the Eighth Circuit · 1952
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