Carroll County Bank v. State use Carroll County
Supreme Court of Arkansas
Appeal from Carroll Circuit Court;' /. S'. Maples, Judge; The allegations of a contract and breach thereof were admitted by the demurrer. 2 Ark. 260; 11 Pet. 257; 6 Enc. Pldg. & Pr. 336. And facts thus admitted must be taken as true against the pleader as well as in his favor. 78 Ind. 245. The amount being less than $100, the justice of the peace had no jurisdiction.
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Appeal from Carroll Circuit Court;' /. S'. Maples, Judge; The allegations of a contract and breach thereof were admitted by the demurrer. 2 Ark. 260; 11 Pet. 257; 6 Enc. Pldg. & Pr. 336. And facts thus admitted must be taken as true against the pleader as well as in his favor. 78 Ind. 245. The amount being less than $100, the justice of the peace had no jurisdiction. Art 7, § 40, Const.; 90 Ark. 198. The amount of each contract determines the question of jurisdiction. 85 Ark. 313; 3 Ark. 494. In determining the question of jurisdiction, interest must be excluded. 83 Ark. 313 ; Const., art, 7.…
1Opinion of the CourtBattle, J.
An act entitled “An act to provide a depository for the county funds of Carroll, Benton and White counties,” which became a law on 28th of March, 1905, among other things, provides: That it shall be the duty of the county judges of Carroll, Benton and White counties, at the April, 1905, term of the county courts of such counties, and every two years thereafter, to receive propositions .from any bank, banker, or trust company, in said counties, that may desire to be the depository of the public funds of such counties, and that notice of the intention to receive such propositions or bids shall…
2Cases cited5 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Price v. Madison County BankSupreme Court of Arkansas · 1909
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
- Hunton v. LuceSupreme Court of Arkansas · 1895
- Christian v. Ashley CountySupreme Court of Arkansas · 1863
3Cited by4 opinions
- Burkhart v. GowinSupreme Court of Florida · 1923
- Benton v. ThompsonSupreme Court of Arkansas · 1933
- State ex rel. Columbia County v. NaborsSupreme Court of Arkansas · 1912
- State ex rel. Columbia County v. NaborsSupreme Court of Arkansas · 1912