Legal Opinion

Duncan v. Scott County

Supreme Court of Arkansas

Decided October 25, 1902PublishedCited by 3 opinions

Appeal from Scott Circuit Court. Styles T. Bowe, Judge. The court was entitled to a fee of ten cents for each allowance against the county. Sand. & H. Dig., § 3309; 66 Ark. 243. Filing a claim against the county and presenting it for allowance is the institution of an action. 32 Ark. 8; 66 Ark. 243. Duncan was entitled to the fees allowed by the county court.

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Appeal from Scott Circuit Court. Styles T. Bowe, Judge. The court was entitled to a fee of ten cents for each allowance against the county. Sand. & H. Dig., § 3309; 66 Ark. 243. Filing a claim against the county and presenting it for allowance is the institution of an action. 32 Ark. 8; 66 Ark. 243. Duncan was entitled to the fees allowed by the county court. Sand. & H. Dig., § 3354; 68 Ark. 276; 10 Ark. 186. The entries in question were not proper orders of allowance. 32 Ark. 45. Where more than one name is in the order, the rule in 43 Ark. 375 applies. The whole claim for 2113 settlements…

1Opinion of the CourtBunn, C. J.

This is a controversy as to the fees of the appellant, as county clerk of Scott county, for services rendered in a proceeding to call in, for the purpose of cancellation and reissuance, the outstanding treasury warrants of the county.

The case was here on a former appeal, and was reversed for an error of the circuit court in holding that said county clerk was estopped from claiming any fees whatever because of an alleged contract between himself and the county judge to the effect that, if the latter would call in the warrants for the purposes aforesaid, he would not charge his fees against the…

2Cases cited1 opinion

  1. Cole v. White CountySupreme Court of Arkansas · 1877

3Cited by3 opinions

  1. Greene County v. LightSupreme Court of Arkansas · 1903
  2. Hempstead County v. GoodlettSupreme Court of Arkansas · 1905
  3. Steelman v. Planters Production Credit Ass'nSupreme Court of Arkansas · 1985

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