Legal Opinion

Monroe County v. Clark

Supreme Court of Arkansas

Decided April 29, 1918Published

Appeal from Monroe Circuit Court; Thomas G. Trimble, Judge; The sheriff as shown by his return, properly posted the notices of the order. Kirby’s Digest, § 1176. It was clearly error to permit the sheriff to testify in contradiction of his’ return. 51 Ark. 34; 87 Id. 409; 83 Id. 229, 232. The words “each” and “every” mean the same thing and 195 S. W. 354 is not in point. The order was not posted as required by law.

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Appeal from Monroe Circuit Court; Thomas G. Trimble, Judge; The sheriff as shown by his return, properly posted the notices of the order. Kirby’s Digest, § 1176. It was clearly error to permit the sheriff to testify in contradiction of his’ return. 51 Ark. 34; 87 Id. 409; 83 Id. 229, 232. The words “each” and “every” mean the same thing and 195 S. W. 354 is not in point. The order was not posted as required by law. Kirby’s Digest, § § 1776, 2726. The failure of the sheriff violated the whole proceeding. Notices were not posted in Cache or Brinkley townships. It was not necessary to introduce…

1Opinion of the CourtWood, J.

Appellee petitioned the circuit court for a writ of certiorari to quash the record of the proceedings of the county court of Monroe County in calling in •Warrants for the cancellation of the issue. He alleged in substance that he was the prosecuting attorney of the judicial district in which that county was situated; that he was the owner of county warrants that had been issued to him for his official services aggregating the sum of $975; that on the 7th of July, 1913, the county court entered of record an order calling in all outstanding warrants of the county which had been issued prior to…

2Cases cited1 opinion

  1. Haltom v. Craighead CountySupreme Court of Arkansas · 1917

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