Petty v. Lyons
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The scales used by the appellee were tested in the manner provided by law. Kirby’s Dig., § § 8003, 8004, 8005. Polk ¡County did not procure a set of weights and measures, tested and sealed by the Secretary of State, as provided by section 8004, supra, and, therefore, appellee had no test of weights as the law required. The purpose of Ms office failed. 30 Am. & Eng.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The scales used by the appellee were tested in the manner provided by law. Kirby’s Dig., § § 8003, 8004, 8005. Polk ¡County did not procure a set of weights and measures, tested and sealed by the Secretary of State, as provided by section 8004, supra, and, therefore, appellee had no test of weights as the law required. The purpose of Ms office failed. 30 Am. & Eng. Enc. of L., 449; Id. 459; 1 Allen (Mass.) 434; 39 Minn. 143; 109 Mass. 220; 40 Cyc. 886. There is no contractual relation .between these parties. Appellee must recover,…
1Opinion of the CourtKirby, J.
C. B. Lyons, the appellee, brought suit in the justice court against G. W. Petty for $33.40, alleged to be due Mm for weigMng 334 bales of cotton at ten cents a bale, in 1913, purchased by said Petty at Mena, in Polk County. Petty denied any liability. Upon the trial in the circuit court, the testimony shows that O: B. Lyons, the duly elected cotton weigher for said county, in 1912, after taking the oath of office and maMng bond, called on the county clerk to have his scales tested. He stated that the clerk tested them; that he used the scales in 1912, and from the 3d to 15th of November,…
2Cases cited3 opinions
- Bisbee v. McAllenSupreme Court of Minnesota · 1888
- Sawyer v. SmithMassachusetts Supreme Judicial Court · 1872
- Petty v. StateSupreme Court of Arkansas · 1912