Black v. Special School District No. 2
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Garter, Judge; 1. Neither a special school district, nor its hoard ■of directors is authorized by the statute to sue. Kirby’s Dig., § 1990. Being" a penal statute and in derogation ■of the common law, it must be strictly construed. 59 Ark. 356; 65 Ark. 532; 82 Ark. 251. As between the special school 'district and the trust company, the relation of lender and borrower existed.
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Appeal from Miller Circuit Court; Jacob M. Garter, Judge; 1. Neither a special school district, nor its hoard ■of directors is authorized by the statute to sue. Kirby’s Dig., § 1990. Being" a penal statute and in derogation ■of the common law, it must be strictly construed. 59 Ark. 356; 65 Ark. 532; 82 Ark. 251. As between the special school 'district and the trust company, the relation of lender and borrower existed. Appellee stands in the same relation to the trust .company as any other individual and is ’ entitled to no greater or different protection. 98 Ark. 294; 69 Ark. 43. 2. The…
1Opinion of the CourtSmith, J.
Special School District No. 2, of Miller County, Arkansas, by its directors, sued the stockholders of the Texarkana Trust Company, to recover the sum of $3,217.66, which had been deposited with the trust company prior to October 1,1913, by the directors of the school district, the character of the funds being known at the time the deposit was received. The trust company was placed in the hands of a receiver on November 12, 1913, and its affairs are now being administered under the insolvency laws of this State. This deposit was derived principally from the sale of bonds, although the amount…
2Cases cited4 opinions
- Clarke v. School District No. 16Supreme Court of Arkansas · 1907
- Honey v. Greene CountySupreme Court of Arkansas · 1912
- Helena Special School District No. 1 v. KitchensSupreme Court of Arkansas · 1913
- Haley v. ThompsonSupreme Court of Arkansas · 1915
3Cited by7 opinions
- Hill v. KavanaughSupreme Court of Arkansas · 1915
- State v. Board of Directors of School DistrictSupreme Court of Arkansas · 1916
- Mosaic Templars of America v. BeanSupreme Court of Arkansas · 1921
- American Refrigerator Transit Company v. StroopeSupreme Court of Arkansas · 1935
- Steed v. HenrySupreme Court of Arkansas · 1915
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