Legal Opinion

Plummer v. School District Number 1

Supreme Court of Arkansas

Decided April 26, 1909PublishedCited by 19 opinions

Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; statrmrnt by thr court. The appellants, Plummer & Davis, O. C. Sutton, M. Lesser, Twen-Cen Granite Company and Hays & Sturdivant filed their suits in the Lee Chancery Court, alleging that the defendants, C. A. Alstead and G. B. Thomason, were indebted to them in various sums on account of material furnished to the defendants as contractors engaged in the erection of a school building for the defendant, Special…

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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; statrmrnt by thr court. The appellants, Plummer & Davis, O. C. Sutton, M. Lesser, Twen-Cen Granite Company and Hays & Sturdivant filed their suits in the Lee Chancery Court, alleging that the defendants, C. A. Alstead and G. B. Thomason, were indebted to them in various sums on account of material furnished to the defendants as contractors engaged in the erection of a school building for the defendant, Special School District No. 1 of Marianna; that the said school district was indebted to the said Alstead & Thomason in a sum…

1Opinion of the Court

Wood, J.,

(after stating the facts.) In Boone County v. Keck, 31 Ark. 387, this court held that public municipal corporations are not subject to the process of garnishment. The court said: “Public policy, indeed public necessity, requires that the means of public corporations, which are created for public purposes with powers to be exercised for the public good, which can contract alone for the public, and whose only means of payment of the debts contracted is drawn from the corporators by a special levy for that purpose, should not be diverted from the purposes for which it was collected, to…

2Cases cited6 opinions

  1. Riggin v. HillardSupreme Court of Arkansas · 1892
  2. Jones, McDowell & Co. v. Ark. Mech. & Agl. Co.Supreme Court of Arkansas · 1881
  3. Boone County v. KeckSupreme Court of Arkansas · 1876
  4. Martin v. ForemanSupreme Court of Arkansas · 1856
  5. Green v. RobertsonSupreme Court of Arkansas · 1906

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3Cited by19 opinions

  1. Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
  2. Hilton v. ClementsNebraska Supreme Court · 1940
  3. Henslee v. MobleySupreme Court of Arkansas · 1921
  4. Road Improvement District No. 4 v. Southern Trust Co.Supreme Court of Arkansas · 1922
  5. Dow v. IrwinNew Mexico Supreme Court · 1915

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