Cobb v. Jackson County
| Decision Date | 05 June 1897 |
| Citation | 41 S.W. 322,64 Ark. 162 |
| Parties | COBB v. JACKSON COUNTY |
| Court | Arkansas Supreme Court |
Appeal from Jackson Circuit Court, RICHARD H. POWELL, Judge.
Judgment reversed and cause remanded.
M. M Stuckey and J. W. Phillips, for appellant.
The court erred in its declaration of law construing section 3334, Sand. & H. Dig. Citing Sand. & H. Dig., §§ 1264, 1769, 1963, 1987, 432, 643, 647, 648, 649, 650; Const art. 7, sec. 51; 34 Ark. 244; 32 id. 46; 61 id. 408; 22 Am. & Eng. Enc. Law, pp. 529, 566, 567. The constable performed the services, which he was bound to perform, and the fees are fixed by statute. The case was tried de novo, on appeal to the circuit court. See authorities supra.
Appellant, as constable of Union township, Jackson county, presented his account for fees and services in the matter of the State against Dock Fletcher, theretofore pending before W. D. Brown, one of the justices of the peace of said township, sitting as an examining court, for allowance, to the county court of Jackson county, and the same was allowed in part, and disallowed as to part, and he appealed to the circuit court, where his account was disallowed in toto, and he appeals to this court.
Said proceeding was commenced on the following affidavit:
And upon said affidavit said justice issued his warrant of arrest, as follows to-wit: "To any sheriff, constable, coroner or policeman of this state: It appearing that there are reasonable grounds for believing that Dock Fletcher has committed the offense of larceny in the county of Jackson, you are therefore commanded forthwith to arrest him, and bring him before me, to be dealt with according to law." This was delivered to appellant constable, as aforesaid, and he made the following return, duly indorsed thereon, to-wit: "I have this the 19th day of November, 1894, duly served the within by arresting the within-named Dock Fletcher, and have him in court, as therein commanded." Accrued fees were duly indorsed thereon.
The account for fees end services presented, as aforesaid, to the county court is as follows, to-wit: "To arrest, $ .75; to bond, $ .50; to mileage, $ .50; to serving witnesses, $ 2.25; to mileage, $ 1.00; to serving witnesses, $ .25; mileage, $ 2.00; to trial, $ .25; total cost, $ 7.50." The county court disallowed the account as to the sum of $ 3.50, apparently the mileage items, and allowed $ 4.
The affidavit of the injured party is regular on its face; the warrant issued by the justice thereon is in due form, and...
To continue reading
Request your trial
-
Duval v. School District of Ft. Smith
... ... approved by the circuit court of Sebastian county for the ... Fort Smith district in the manner hereinafter provided." ... "Sec ... ...
-
St. Louis, Iron Mountain & Southern Railway Company v. Bankers Surety Company
...that the payments made by the appellant to the consignor were voluntary, and made without legal obligation upon its part to pay the same. 64 Ark. 162. 2. instrument sued upon is not in compliance with the statutory requirements in such cases, and, the law having made the transaction upon wh......
-
Westmoreland v. Boydston
...were taken by the trustee over the beneficiaries. 72 Ark. 456; 45 Ark. 481; 42 Ark. 503; 41 Ark. 393; 56 Ark. 130, 136; 48 Ark. 169; 64 Ark. 162; 71 Ark. Anthony Hall, for appellee. The facts in evidence are sufficient to sustain the finding that Willie J. Boydston took under the deed as tr......
-
Foster v. Treadway
...evidence, unless it be so clear and certain as to leave no well-founded doubt upon the subject. 48 Ark. 169; 45 Ark. 484; 71 Ark. 377; 64 Ark. 162. Declarations of the trustee or after the grant are inadmissible. There can be no resulting trust unless the money that purchased the property w......