Legal Opinion

Lusk v. Perkins & George

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 8 opinions

APPEAL from Sevier Circuit Court. Hon. H. B. Stuart, Judge. 1. All fines are payable in county scrip. Mansf. Dig., sec. 5860; US Ark., 870. The constable should have received it, if valid, and mandamus was the proper remedy. 88 Ark., 317; 33 ib., J/jO. 2. The scrip upon its face shows that it was regularly issued for the legitimate expenses of the county, and until the prima facie case thus made is rebutted by evidence, it must be treated as a valid warrant. 38 Ark., 877. 3.…

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APPEAL from Sevier Circuit Court. Hon. H. B. Stuart, Judge. 1. All fines are payable in county scrip. Mansf. Dig., sec. 5860; US Ark., 870. The constable should have received it, if valid, and mandamus was the proper remedy. 88 Ark., 317; 33 ib., J/jO. 2. The scrip upon its face shows that it was regularly issued for the legitimate expenses of the county, and until the prima facie case thus made is rebutted by evidence, it must be treated as a valid warrant. 38 Ark., 877. 3. The order calling in the warrants shows that it was to be published in but one newspaper. This was not a compliance…

1Opinion of the Court

Gatewood, Special Judge.

Appellant Lusk was fined by appellee Perkins, a justice of the peace, of Sevier ■county, and in payment of said fine tendered to appellee, George, as constable, a county warrant issued in 1862, by order of the Sevier county court, for ordinary county expenditures; which warrant the appellee, George, as constable, refused to receive.

The warrant had been presented to the county treasurer of Sevier county, and indorsed “not paid for want of funds.”

This suit was in the Sevier circuit court, for the purpose ■of obtaining a mandamus to compel George, as constable, to receive…

2Cited by8 opinions

  1. Clay v. BilbySupreme Court of Arkansas · 1904
  2. Gallagher v. JohnsonSupreme Court of Arkansas · 1898
  3. Reeves v. CongerSupreme Court of Arkansas · 1912
  4. Vale v. BuchananSupreme Court of Arkansas · 1911
  5. Baker v. YorkSupreme Court of Arkansas · 1898

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