Chicago, Rock Island & Pacific Railway Co. v. Perry County
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robert J. Rea, Judge; 1. The statute in question, Kirby’s Dig. § § 1175-1178, inclusive, must be strictly complied with. 48 Ark. 238; 51 Ark. 34; 61 Ark. 259; 65 Ark. 142; 65 Ark. 353. The fact of having posted the notices required by § 1176 can be proved by the record only, and not by parol. 51 Ark. 34. Where the sheriff’s return to the county court showing what he had done in reference to giving notice of an order calling in county warrants…
Read the full summary
Appeal from Perry Circuit Court; Robert J. Rea, Judge; 1. The statute in question, Kirby’s Dig. § § 1175-1178, inclusive, must be strictly complied with. 48 Ark. 238; 51 Ark. 34; 61 Ark. 259; 65 Ark. 142; 65 Ark. 353. The fact of having posted the notices required by § 1176 can be proved by the record only, and not by parol. 51 Ark. 34. Where the sheriff’s return to the county court showing what he had done in reference to giving notice of an order calling in county warrants fails to show that notice was posted at the court house door, there is no evidence in the record to sustain the court’s…
1Opinion of the CourtMcCulloch, J.
This appeal brings in question the validity of an order of the county court of Perry County calling in for cancellation and re-issuance the outstanding warrants • of the county. It is questioned on two grounds, viz.:(1) . That the record of the proceedings in' the county court did not affirmatively show that a similar order had not previously been made by the court within a year.(2) . That the return of the sheriff on the notice did not not affirmatively show that a copy of the preliminary order was was posted at the election precinct in each township of the county.
The first question has…
2Cases cited4 opinions
- Gibney v. CrawfordSupreme Court of Arkansas · 1888
- Saint Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1901
- Nevada County v. WilliamsSupreme Court of Arkansas · 1904
- Webb v. KelseySupreme Court of Arkansas · 1899
3Cited by3 opinions
- Heno v. FayettevilleSupreme Court of Arkansas · 1909
- Van Der Veer v. State Ex Rel. HerronIndiana Court of Appeals · 1929
- Cole v. SchoonoverSupreme Court of Arkansas · 1915