Williams v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The statutory proceeding for summary judgment must be strictly construed. 25 Ark. 353. The statute authorized the sheriff to pay the money to the attorneys of record, and he is not liable to summary judgment, unless he fails to pay the amount collected on execution, on demand of the plaintiff or his attorneys.
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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The statutory proceeding for summary judgment must be strictly construed. 25 Ark. 353. The statute authorized the sheriff to pay the money to the attorneys of record, and he is not liable to summary judgment, unless he fails to pay the amount collected on execution, on demand of the plaintiff or his attorneys. Sand. & H. Dig., § 4252. There was nothing irregular in the employment of the attorneys. . The state, though the nominal, is not the real plaintiff. 39 Ark. 172; 30 Ark. 71; 17 Am. & Eng. Enc. Law, 512, and notes, and note…
1Opinion of the CourtHughes, J.
The appellant, as sheriff of St. Francis county, collected upon an execution in his hands, in favor of the state, the sum of $9,448.44 of J. B. Wilson and others. He paid to the plaintiff in the execution, of the amount by him collected, the sum of $8,340.42, leaving a balance in his hands of $944.83, which amount he paid to Norton & Prewitt, attorneys of record for the plaintiff in the execution, and took their'"receipt for the same. Upon notice, the prosecuting attorney for the district moved for and obtained a summary judgment against the appellant sheriff and the securities on his bond…
2Cases cited1 opinion
- Shaver v. Lawrence CountySupreme Court of Arkansas · 1884
3Cited by9 opinions
- Arkansas Bond Company v. HartonSupreme Court of Arkansas · 1935
- Roy v. LandersSupreme Court of Missouri · 1971
- Craig v. SmithSupreme Court of Arkansas · 1905
- Mills v. LewisSupreme Court of Arkansas · 1911
- Endicott-Johnson Corporation v. DavisSupreme Court of Arkansas · 1933
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