Legal Opinion

Adcock v. Coker

Supreme Court of Arkansas

Decided November 4, 1912Published

Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. The appellant, as treasurer of Drew County, applied to the chancery court for a temporary injunction restraining the county judge of Drew County from establishing a depository for the funds of the county under the provisions of act No. 181, approved April 12, 1911, the enacting clause of which is as follows; “Be it enacted by the General Assembly of the State of Arkansas.”

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Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. The appellant, as treasurer of Drew County, applied to the chancery court for a temporary injunction restraining the county judge of Drew County from establishing a depository for the funds of the county under the provisions of act No. 181, approved April 12, 1911, the enacting clause of which is as follows; “Be it enacted by the General Assembly of the State of Arkansas.” The appellant executed a bond and obtained a temporary restraining order. Before the final hearing the prosecuting attorney intervened…

1Opinion of the Court

Wood, J.,

(after stating the facts). 1. Act 181 óf the General Assembly, approved April 12,1911, is valid. It was recently held by this court that an enacting clause like the one under consideration does not render an act unconstitutional. Ferrell v. Keel, 103 Ark. 96. That case rules this.

2. The court erred in rendering judgment against the appellant and his bondsmen.

The temporary restraining order was not “an injunction to stay proceedings upon a judgment or final order” of the county court. Section 3998, Kirby’s Digest; Greer v. Stewart, 48 Ark. 21; Stanley v. Bonham, 52 Ark. 354.

The…

2Cases cited4 opinions

  1. Ferrell v. KeelSupreme Court of Arkansas · 1912
  2. Greer v. StewartSupreme Court of Arkansas · 1886
  3. Stanley v. BonhamSupreme Court of Arkansas · 1889
  4. State ex rel. Columbia County v. NaborsSupreme Court of Arkansas · 1912

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