Maryland Casualty Co. v. Rainwater

Kirby, J.,

(after stating the facts). The appellants contend that the State of Arkansas, by virtue of its sovereignty, is entitled, under the common law, to preference of its claims in this instance over and above the claims of all its citizens or subjects, and that the sureties herein, through the payment of the State’s claims and the right of subrogation resulting therefrom, are likewise entitled to the . same preference as the State of Arkansas had at the time of the payment of said claims.

The common law of England has been adopted by our State by statute, § 1432, Crawford & Moses’ Digest,…