Newton County v. Green
Supreme Court of Arkansas
Appeal from Newton Circuit Court; George W. Reed, Judge; 1. The act is unconstitutional. Art. 4, § § 1 and 2, Const.; art. 7, § 28, Id.; 24 Ark. 161, 174; 58 Ark. 117, 121; 56 Ark. 148, 156; 138 Ind. 321; 24 Ark. 142. 2. Being such an act as may be shown to be unconstitutional by proof that it is arbitrary, unreasonable and unnecessary, and based upon alleged facts which were not true, it was error to refuse to permit appellant to introduce proof in support of its special…
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Appeal from Newton Circuit Court; George W. Reed, Judge; 1. The act is unconstitutional. Art. 4, § § 1 and 2, Const.; art. 7, § 28, Id.; 24 Ark. 161, 174; 58 Ark. 117, 121; 56 Ark. 148, 156; 138 Ind. 321; 24 Ark. 142. 2. Being such an act as may be shown to be unconstitutional by proof that it is arbitrary, unreasonable and unnecessary, and based upon alleged facts which were not true, it was error to refuse to permit appellant to introduce proof in support of its special plea. Kirby’s Dig., § § 1458, 7057; art. 5, § 24, Const.; 85 Ark. 12; 97 Ark. 473; 56 Ark. 148. 3. The only construction…
1Opinion of the CourtMcCulloch, C. J.
The following recital of the facts is taken from appellant's abstract and found to be correct:
“During the year 1910 W. A. Green was the collector of Newton County, and collected the taxes assessed for the year 1910, and made a settlement for same with the county court in July of that year. After his settlement he presented to the county court of said county a claim or account for $1,600, which he claimed had been stolen from his office and consisted of funds belonging to the county revenue and for which he had made settlement and had paid into the county treasury. This account was disallowed…
2Cases cited1 opinion
- Pearson v. StateSupreme Court of Arkansas · 1892
3Cited by4 opinions
- State v. DavisSupreme Court of Arkansas · 1928
- State Use Crawfordsville Special School District v. HuxtableSupreme Court of Arkansas · 1928
- McCrary v. SchenebeckSupreme Court of Arkansas · 1935
- State Use Crawfordsville Special School District v. Huxtable.Supreme Court of Arkansas · 1935