Cargill v. Matthews
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. The same issues involved here were tried in the ease in 125 Ark. 136. The subject matter is the same and the parties are identical.
Read the full summary
Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; 1. The same issues involved here were tried in the ease in 125 Ark. 136. The subject matter is the same and the parties are identical. The whole matter is res adjudicate. 97 Ark. 450; 96 Id. 540; 94 U. S. 351. 2. Under § 1159 Kirby’s Digest, the county treasurer is the proper party to receive all moneys paid into the county treasury, and the proper party to institute action to recover the funds. 97 Ark. 374; 39 Id. 172; 43 Id. 41; Kirby’s Digest § § 5999, 6002. See also 6 A. & E. Am. Cases 1130; 29 S. E. 719. The former…
1Opinion of the CourtMcCULLOCH, C. J.
This action is one instituted by appellee, who was formerly sheriff of Clay County, against appellant who was treasurer of the county, to recover the sum of $6,000 alleged to have been paid to appellant as such treasurer, but which appellee was subsequently required to pay under order of the county court to appellant’s successor. There was a trial of the issue before a jury which resulted in a judgment in favor of appellee. Appellee was sheriff and collector of Clay County for two terms, beginning on October 31, 1910, and ending October 31, 1914. Appellant was treasurer of Clay County for two…
2Cases cited4 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Bank of Midland v. HarrisSupreme Court of Arkansas · 1914
- Matthews v. Clay CountySupreme Court of Arkansas · 1916
- Haynes v. ButlerSupreme Court of Arkansas · 1875
3Cited by1 opinion
- Davies & Davies v. PattersonSupreme Court of Arkansas · 1919