Cissell v. Pulaski County
United States Circuit Court
A statute in Arkansas authorizes the county court at stated periods to call in all the outstanding warrants of the county “in order to redeem, cancel, reissue, or classify the same.” An order for the cal] is required to be made by the county court, and notice of the time fixed for the presentation of warrants under the call must be given in a mode provided by the act, and all warrants not presented at or before that time arc barred.
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A statute in Arkansas authorizes the county court at stated periods to call in all the outstanding warrants of the county “in order to redeem, cancel, reissue, or classify the same.” An order for the cal] is required to be made by the county court, and notice of the time fixed for the presentation of warrants under the call must be given in a mode provided by the act, and all warrants not presented at or before that time arc barred. The plaintiff sued on warrants of the defendant county reissued under a call in 1875. The county answered (1) that there was no sufficient notice of the call of…
1Opinion of the Court
Caldwell, D. J.
1. It is not material to inquire-into the regularity of the order for the call of 1875, or the sufficiency of the notice. The county court had jurisdiction to adjudicate upon the validity of the warrants, if the holder submitted himself to its jurisdiction for that purpose, whether the order for the call and notice were valid or not. The object of the order for the call and of giving notice is to acquire jurisdiction over and bind those who do not voluntarily submit their warrants for examination and adjudication. The county court has jurisdiction to pa$s upon the validity of a…
2Cases cited10 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Mohr v. ManierreSupreme Court of the United States · 1880
- Staples v. . FairchildNew York Court of Appeals · 1849
- Noyes v. ButlerNew York Supreme Court · 1849
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3Cited by3 opinions
- Amy v. AmyUtah Supreme Court · 1895
- Duval v. JohnsonNebraska Supreme Court · 1912
- Nevada County v. WilliamsSupreme Court of Arkansas · 1904