State v. Croft
Supreme Court of Arkansas
Appeal from Greene Ovreuit Court. Hon. Z. Stoddakd, special judge. I. The declaration contains, substantially, the averments which it was insisted, were wanting. 1. The act of January 11th, 1851, under which the bond sued on in this case was given did not require as a prerequisite to suit, that the county court should render adjudgment against the obligor for the balance due.
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Appeal from Greene Ovreuit Court. Hon. Z. Stoddakd, special judge. I. The declaration contains, substantially, the averments which it was insisted, were wanting. 1. The act of January 11th, 1851, under which the bond sued on in this case was given did not require as a prerequisite to suit, that the county court should render adjudgment against the obligor for the balance due. If it be a prerequisite, then we insist that the stricking of the balance by the court is the same ■ thing, in effect, as the rendering of the judgment; because, rendering judgment is the act of the mind of the court…
1Opinion of the Court
Mr. Chief Justice Walkek,
delivered the'opinion of the court.
This is an action of debt, brought in the name of the state, for the use of the common school commissioner and of the county of Greene, against the defendant, as security upon the official bond of the county treasurer of that county. The defendant demurred to the declaration and assigned numerous causes of demurrer, all of wbicb were overruled except the third, fourth and seventh causes, which were sustained, and for which the declaration was adjudged insufficient. The third ground of demurrer is, that it is not averred that the…
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- Haley-Thompson Special Consolidated School District v. SplawnSupreme Court of Arkansas · 1927
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