Peay v. Pulaski County
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Nick Peay entered into contracts with Pulaski County by which the latter hired to him the county prisoners for the years 1903 and 1904, in consideration that Peay would pay to Pulaski County all costs of conviction of such prisoners during the period covered by the contracts. Peay executed bonds with R. A. Furth as surety for the due performance of the contracts.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Nick Peay entered into contracts with Pulaski County by which the latter hired to him the county prisoners for the years 1903 and 1904, in consideration that Peay would pay to Pulaski County all costs of conviction of such prisoners during the period covered by the contracts. Peay executed bonds with R. A. Furth as surety for the due performance of the contracts. This suit was brought by Pulaski County for the benefit of the officers who were entitled to fees as costs in the conviction of the prisoners…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. An order to revive must be made by the court in which the action sought to be revived is pending. Kirby’s Digest, § § 6298-6303.
“An order to revive an action against the personal representative of a defendant, or against him and the heirs or devisees of the defendant, can not be made, unless by consent, until after six months from the qualification of the personal representative.” Kirby’s Digest, § 6312.
“An order to revive an action against the representative or successor of a defendant shall not be made without the consent of such representative or…
2Cases cited12 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Anglin v. CravensSupreme Court of Arkansas · 1905
- Wood v. StewartSupreme Court of Arkansas · 1906
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Fanning v. StateSupreme Court of Arkansas · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- City of Ft. Smith v. Southwestern Bell Telephone Co.Supreme Court of Arkansas · 1952
- Brandon v. Arkansas Public Service CommissionCourt of Appeals of Arkansas · 1999
- Massachusetts Bonding & Insurance v. Home Life & Accident Co.Supreme Court of Arkansas · 1915
- Keffer v. StuartSupreme Court of Arkansas · 1917
- State Ex Rel. Hebert v. HallSupreme Court of Arkansas · 1958
21 more not listed; retrieve them via the Exa API.