Legal Opinion

Grooms v. Bartlett

Supreme Court of Arkansas

Decided April 3, 1916PublishedCited by 18 opinions

Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. The demurrer should have been overruled. Acts 1911, No. 163, pi 421, § 6; Kirby’s Dig., § § 7197, 7199, 7200-1; 102 Ark. 287. 2. The court had jurisdiction. 32 Ark. 553; 50 Id. 266; 34 N. W. 186; 46 N. E. 77; 3 Ark. 285; 5 Id. 536; 13 Id. 52; 25 Id. 101; 32 Id. 140; 75 Id. 125; 82 Id. 316; 63 Id. 576; 111 Id. 120. 1. No cause of action was stated. Kirby’s Digest, § 7197. 2. The act is unconstitutional.

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Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. The demurrer should have been overruled. Acts 1911, No. 163, pi 421, § 6; Kirby’s Dig., § § 7197, 7199, 7200-1; 102 Ark. 287. 2. The court had jurisdiction. 32 Ark. 553; 50 Id. 266; 34 N. W. 186; 46 N. E. 77; 3 Ark. 285; 5 Id. 536; 13 Id. 52; 25 Id. 101; 32 Id. 140; 75 Id. 125; 82 Id. 316; 63 Id. 576; 111 Id. 120. 1. No cause of action was stated. Kirby’s Digest, § 7197. 2. The act is unconstitutional. Kirby’s Digest, § 7197, et seq.; 95 Ark. 618. The section is summary and highly penal. It takes away the right of trial by jury. 93 Ark.…

1Opinion of the CourtHart, J.

Charles Grooms; a taxpayer of Conway. County, Arkansas, instituted this action in the circuit court against R. E. Bartlett, county clerk of said county, to recover judgment for the use and benefit of Conway County in the sum of $1,015.43, which plaintiff claims defendant drew from the county treasury in excess of two per cent, 'allowed him by law1 for his services in filing claims and keeping the accounts and records in connection with the road funds of the county. The defendant interposed a demurrer to the complaint, which was sustained by the court. The plaintiff refused to plead further…

2Cases cited8 opinions

  1. Griffin v. RhotonSupreme Court of Arkansas · 1907
  2. Russell v. TateSupreme Court of Arkansas · 1889
  3. Gladish v. LovewellSupreme Court of Arkansas · 1910
  4. Rowe v. AllisonSupreme Court of Arkansas · 1908
  5. Lee County v. RobertsonSupreme Court of Arkansas · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. MacKey v. McDonaldSupreme Court of Arkansas · 1974
  2. Samples v. GradySupreme Court of Arkansas · 1944
  3. Farrell v. OliverSupreme Court of Arkansas · 1921
  4. Nelson v. Berry Petroleum CompanySupreme Court of Arkansas · 1967
  5. McCarroll, Commr. of Revs. v. Gregory-Robinson-SpeasSupreme Court of Arkansas · 1939

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