Legal Opinion

Johnson County v. Bost

Supreme Court of Arkansas

Decided May 26, 1919PublishedCited by 6 opinions

Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; I. A suit in chancery may be maintained to set aside an allowance in the county court for fraud, collusion or mistake. The court had jurisdiction here. 37 Ark. 532; 19 Id. 311; 77 Id. 328. The court found that the charges were fraudulent and properly found that appellant should have judgment for the $829.80, but erred in refusing judgment for $144.75, under section 7174 of Kirby’s Digest.

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Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; I. A suit in chancery may be maintained to set aside an allowance in the county court for fraud, collusion or mistake. The court had jurisdiction here. 37 Ark. 532; 19 Id. 311; 77 Id. 328. The court found that the charges were fraudulent and properly found that appellant should have judgment for the $829.80, but erred in refusing judgment for $144.75, under section 7174 of Kirby’s Digest. The county having paid the warrants, it would have done no good to set aside the judgments. It makes no difference how long a judgment or order…

1Opinion of the CourtMcCULLOCII, C. J.

Appellee was circuit clerk of Johnson County for two terms, beginning on October 31, 1912, and ending October 30, 1916. During his said terms he presented to the county court for allowance numerous accounts for services rendered in criminal cases pending in the Johnson Circuit Court, and the present action is one instituted against him in the chancery court of that county by- the prosecuting attorney, in the name of the county, to set aside judgments allowing said claims, and warrants issued pursuant thereto, and to recover from appellee the amount of items in the accounts alleged to be…

2Cases cited6 opinions

  1. Monroe County v. BrownSupreme Court of Arkansas · 1915
  2. James v. GibsonSupreme Court of Arkansas · 1904
  3. Scott v. PennSupreme Court of Arkansas · 1900
  4. State ex rel. Izard County v. HinkleSupreme Court of Arkansas · 1881
  5. State ex rel. Luck v. AtkinsSupreme Court of Arkansas · 1890

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

3Cited by6 opinions

  1. Sims v. CraigSupreme Court of Arkansas · 1926
  2. Baker v. State, Use of Independence CountySupreme Court of Arkansas · 1941
  3. Hutson v. State Ex Rel. Hempstead CountySupreme Court of Arkansas · 1926
  4. Yates v. State Use Miller County.Supreme Court of Arkansas · 1932
  5. State, Use Independence County v. Baker.Supreme Court of Arkansas · 1939

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