Legal Opinion

Pettigrew v. Washington County

Supreme Court of Arkansas

Decided May 15, 1884PublishedCited by 27 opinions

APPEAL from Washington Circuit Court. I-Ion. A. B. Greenwood, Special Judge. The first objection made is by demurer to the jurisdiction of the County Court, and its power to render judgment. If the County Court had not jurisdiction all subsequent proceedings were invalid and any judgment for costs or otherwise is void.

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APPEAL from Washington Circuit Court. I-Ion. A. B. Greenwood, Special Judge. The first objection made is by demurer to the jurisdiction of the County Court, and its power to render judgment. If the County Court had not jurisdiction all subsequent proceedings were invalid and any judgment for costs or otherwise is void. We submit that by act of the legislature of February 27, 1879, Acts 79, Page 13, all corporate powers were taken away from the counties and it was expressly enacted that the counties should neither sue nor be sued. Again, while the general Revenue law provides that district…

1Opinion of the CourtSmith, J.

By a settlement had by the county clerk with the collector of the revenue of Washington County, for the year 1879, it was ascertained that special school taxes belonging to various school districts, aggregating more than $2,300, had gone into the hands of the collector, but bad not been paid into the county treasury. A scire facias was issued against him and his sureties to appear in the County Court and show cause why judgment should not be rendered against them, for the amount of the defalcation. They appeared aud by demurrer questioned the jurisdiction of the Court. This point being…

2Cited by27 opinions

  1. McClaughry v. DemingSupreme Court of the United States · 1902
  2. Edmonson v. FarrisSupreme Court of Arkansas · 1978
  3. McLeod v. ScottOregon Supreme Court · 1891
  4. Price v. Madison County BankSupreme Court of Arkansas · 1909
  5. Carr v. DuhmeIndiana Supreme Court · 1906

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