Cain v. Woodruff County
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; 1. The sheriff, in keeping the jail and feeding prisoners, does an official act. The Constitution, in creating the office of sheriff, did not define his duties; hence it is within the power' of the Legislature to enact laws defining his duties. In performing the duties thus defined, he acts in his official capacity.
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Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; 1. The sheriff, in keeping the jail and feeding prisoners, does an official act. The Constitution, in creating the office of sheriff, did not define his duties; hence it is within the power' of the Legislature to enact laws defining his duties. In performing the duties thus defined, he acts in his official capacity. Art. 7, § 46, Const. 1874; 27 Ark. 176; Kirby’s Dig. § § 4399, 4400; 137 Mass. 191; 12 Fla. 652; 94 S. W. 328; 39 Mo. App. 161; 71 111. App. 280; 18 Tex. 188; 38 Neb. 131. 2. The Legislature, under art. 16, § 4, Const.,…
1Opinion of the CourtFraurnThar, J.
The appellant,- who is the sheriff and jailer of Woodruff County, presented to the county court of that county for allowance his account against that county for the keeping and feeding of certain prisoners. His account amounted to $483.50, and was based on fixing the rate or charge for each prisoner per day at seventy-five cents. The county court allowed him the sum of $417.50 thereon,- being at the rate of sixty-five cents per day for each prisoner; and refused to allow the difference of $66. The appellant then appealed to the circuit court, and in that court this case was tried by the court…
2Cases cited7 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- State v. MartinSupreme Court of Arkansas · 1895
- Straub & Lohman v. GordonSupreme Court of Arkansas · 1872
- Humphry v. SadlerSupreme Court of Arkansas · 1882
- Hudson v. Jefferson County CourtSupreme Court of Arkansas · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nixon v. AllenSupreme Court of Arkansas · 1921
- Jeffery, County Judge v. TrevathanSupreme Court of Arkansas · 1949
- Campbell v. Arkansas State HospitalSupreme Court of Arkansas · 1957
- Dobbs v. HollandSupreme Court of Arkansas · 1919
- Director of Bureau of Legislative Research v. MacKrellSupreme Court of Arkansas · 1947
9 more not listed; retrieve them via the Exa API.