Legal Opinion

Tipton v. Smythe

Supreme Court of Arkansas

Decided April 16, 1906PublishedCited by 9 opinions

Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. The act calling in the outstanding bonds was passed after they had fallen due.- It was an act of limitation, and such securities were received subject to any reasonable changes the Legislature might make in this respect after the bonds were due. The right to a particular remedy is not a vested right, and the State has control over the remedies it offers suitors in its courts. Cooley’s Const.

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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. The act calling in the outstanding bonds was passed after they had fallen due.- It was an act of limitation, and such securities were received subject to any reasonable changes the Legislature might make in this respect after the bonds were due. The right to a particular remedy is not a vested right, and the State has control over the remedies it offers suitors in its courts. Cooley’s Const. Lim. 361. The time allowed by the act, -six months, was a reasonable time. 8 Bush (Ky.), 348; 168 U. S. 90.. Upon leaving the realm for a…

1Opinion of the CourtMcCulloch, J.

Appellee, R. M. Smythe, being the owner of a bond numbered 2034 in the sum of $1,000 with fifty-five semi-annual interest coupons of $30 each attached thereto, issued by the State of Arkansas on January 1, 1870, and due thirty years after date, applied to the Commissioner of State Lands to purchase a certain tract of Real Estate Bank lands situated in Phillips County at the price of $240, and tendered to the Treasurer of State eight of said interest coupons in payment therefor.

The Treasurer refused to accept said coupons on the ground that the bond- and coupons attached were barred because…

2Cases cited16 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Terry v. AndersonSupreme Court of the United States · 1877
  3. Christmas v. RussellSupreme Court of the United States · 1866
  4. Sohn v. WatersonSupreme Court of the United States · 1873
  5. Jackson v. LamphireSupreme Court of the United States · 1830

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Owen v. WilsonSupreme Court of Arkansas · 1976
  2. Beaumont v. FaubusSupreme Court of Arkansas · 1965
  3. Coco v. MillerSupreme Court of Arkansas · 1937
  4. England v. SpillersSupreme Court of Arkansas · 1917
  5. State Ex Rel. Attorney General v. TaylorSupreme Court of Arkansas · 1932

4 more not listed; retrieve them via the Exa API.

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