Legal Opinion

Clark County v. Spence

Supreme Court of Arkansas

Decided July 15, 1860PublishedCited by 1 opinion

Appeal from Clark Circuit Court. Hon. L. B. Green Circuit Judge. It was an error in the Circuit Court to remand the cause, for if the judgment of the County Court was reversed, the cause should have been tried de novo. Gould's Dig. 138, 319, 680; Wells vs. Fletcher, 17 Ark. 585. The County Court has the power¿.o audit, settle and direct the payment of all demands against the county. Gould's Dig. 317. But all allowances must be made on the authority of law. 3 Ark.

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Appeal from Clark Circuit Court. Hon. L. B. Green Circuit Judge. It was an error in the Circuit Court to remand the cause, for if the judgment of the County Court was reversed, the cause should have been tried de novo. Gould's Dig. 138, 319, 680; Wells vs. Fletcher, 17 Ark. 585. The County Court has the power¿.o audit, settle and direct the payment of all demands against the county. Gould's Dig. 317. But all allowances must be made on the authority of law. 3 Ark. Rep. 7. Perhaps the County Court might have allowed the claim, but it rested in discretion; and the Circuit Court, in the absence…

1Opinion of the CourtJustice Fairchild

The sheriff of Clark county presented to the County Court for allowance an account of sixty dollars, for so much expended by him for fuel, paper, blanks and candles for the use of the sheriff’s office, and which the sheriff had furnished for the benefit of the county.

The county court was satisfied that the amount had been expended, but on the ground that there was no law authorizing it, declined to make the allowance.

The sheriff appealed to the circuit court.

The circuit court reversed the judgment of the county court, because it refused to make any allowance, and remanded the case for the…

2Cited by1 opinion

  1. Crawford County v. BushmaierSupreme Court of Arkansas · 1930

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