Legal Opinion

Shaver v. Sharp County

Supreme Court of Arkansas

Decided February 15, 1896PublishedCited by 4 opinions

Appeal from Sharp Circuit court. John B. McCaleb, Judge. Shaver, late treasurer of Sharp county, presented to the county court of that county his claim for certain commissions alleged to be due him on funds carried over by him from a previous term, and omitted from his last settlement with the county. The claim was disallowed in the county court.

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Appeal from Sharp Circuit court. John B. McCaleb, Judge. Shaver, late treasurer of Sharp county, presented to the county court of that county his claim for certain commissions alleged to be due him on funds carried over by him from a previous term, and omitted from his last settlement with the county. The claim was disallowed in the county court. Upon appeal, the circuit court likewise disallowed the claim, and declared “that a county treasurer who succeeds himself three times would not be-entitled to charge two per cent, commission on funds coming into his hands, as his own successor, when…

1Opinion of the CourtHughes, J.

It was agreed by counsel in this case that the point in issue is: “Is a county treasurer who succeeds himself entitled to commission on funds carried over from one term to another, when he had received commission on said funds during his former term?”

It is held in Lawrence County v. Hudson, 41 Ark. 494, that a county treasurer is entitled, under the statute, to commissions on school funds received from the former treasurer, the court saying: “There is no reason in compelling the treasurer to give bond, and assume the custody of funds already collected, under a grave responsibility, and…

2Cases cited1 opinion

  1. Lawrence County v. HudsonSupreme Court of Arkansas · 1883

3Cited by4 opinions

  1. Eiermann v. BeckSupreme Court of Arkansas · 1952
  2. Harris v. Whitworth, AdministratorSupreme Court of Arkansas · 1948
  3. Quisenberry v. DavisSupreme Court of Arkansas · 1918
  4. Head v. Caddo Hills School DistrictSupreme Court of Arkansas · 1988

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