Boone County Bank v. Byrum
Supreme Court of Arkansas
Appeal from Boone Circuit Court in Chanceiy. Brice B. Hudgins, Judge. The decree was erroneous in awarding to appellees the part of the fund due by the bank, and in giving the state any part of the fund. “Equality is equity” is the foundation of the doctrine of subrogation. 3 Pom. Eq. § 1418; lid. §406; 31 Ark. 42; 34 Ark. 580. The 'chancellor erred in refusing appellant’s subi*ogation. Sheld.
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Appeal from Boone Circuit Court in Chanceiy. Brice B. Hudgins, Judge. The decree was erroneous in awarding to appellees the part of the fund due by the bank, and in giving the state any part of the fund. “Equality is equity” is the foundation of the doctrine of subrogation. 3 Pom. Eq. § 1418; lid. §406; 31 Ark. 42; 34 Ark. 580. The 'chancellor erred in refusing appellant’s subi*ogation. Sheld. Sub. § 141. The state had the right of recovery of the trust fund from the bank, and, having received satisfaction, the fund is no longer a trust fund. 2 Perry, Tr. (3 Ed.) § 841; 104 U. S. 54; Wait.…
1Opinion of the CourtBattle, J.
The statutes of this state provide that the sheriff of each county shall be ex-officio collector of all taxes of his county, and, before entering upon his duties as such collector, “shall give bond and security to the state;” that such bond “shall be conditioned for the faithful performance of the duties of his office, and for well and truly accounting for and paying over all moneys collected by him” in his official capacity; and that, “should he fail to give such bond before the' first Monday in December of each year, the clerk of the county court shall immediately notify the governor, and…
2Cases cited7 opinions
- Jones v. Gallatin CountyCourt of Appeals of Kentucky · 1879
- People ex rel. Jones v. BeachIllinois Supreme Court · 1875
- Byrne v. StateMississippi Supreme Court · 1874
- Dunphy v. People ex rel. WhippleMichigan Supreme Court · 1872
- People v. JenkinsCalifornia Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
- Carroll County Bank v. RhodesSupreme Court of Arkansas · 1900
- United States Fidelity & Guaranty Co. v. First National Bank of MonroviaCalifornia Court of Appeal · 1912
- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
- American Surety Co. v. VannSupreme Court of Arkansas · 1918
11 more not listed; retrieve them via the Exa API.