Legal Opinion

Jefferson County v. Philpot

Supreme Court of Arkansas

Decided March 11, 1899PublishedCited by 5 opinions

Appeal from Jefferson Circuit Court. John M. Elliott, Judge. No fee is payable to officers unless specifically provided by legislative enactment. Mansf. Dig. § 1237; 56 Ark. 581; 57 Ark. 487. Tie state and county are not affected by the general provisions of Mansf. Dig. § 3307; 32 Ark. 45. A county is not liable for services rendered by the clerk in filing accounts of individuals against the county. 41 S.W. 220. Appellee was legally bound to pay for the filing of the claims.

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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. No fee is payable to officers unless specifically provided by legislative enactment. Mansf. Dig. § 1237; 56 Ark. 581; 57 Ark. 487. Tie state and county are not affected by the general provisions of Mansf. Dig. § 3307; 32 Ark. 45. A county is not liable for services rendered by the clerk in filing accounts of individuals against the county. 41 S.W. 220. Appellee was legally bound to pay for the filing of the claims. Sand. & H. Dig. §' 3309; 41 S. W. 420; 32 Ark. 45, 52. The county court has exclusive original jurisdiction of all…

1Opinion of the CourtBattle, J.

Philpot had several claims against Jefferson county. He presented them to the county court for allowance. When presented, they were filed by the clerk of the court, and he charged the claimant ten cents for filing each claim. The county court entered judgment against the county for the amount of the claims, but refused to allow the ten cents paid to the clerk for filing each of them. Philpot appealed to the circuit court, which found that Philpot was entitled to recover the amount of the claims presented, and that he had paid ten cents to the clerk of the county court for filing each of them;…

2Cases cited4 opinions

  1. Cole v. White CountySupreme Court of Arkansas · 1877
  2. Green v. United StatesSupreme Court of the United States · 1870
  3. Wilson v. FussellSupreme Court of Arkansas · 1895
  4. Nevada County v. HicksSupreme Court of Arkansas · 1887

3Cited by5 opinions

  1. Jones v. AdkinsSupreme Court of Arkansas · 1926
  2. Lee v. LangSupreme Court of Florida · 1939
  3. Doniphan Lumber Co. v. Cleburne CountySupreme Court of Arkansas · 1919
  4. McKim v. Highway Iron Products Co.Supreme Court of Arkansas · 1930
  5. McElhaney v. CoxSupreme Court of Arkansas · 1975

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