Crudup v. Richardson

• Decision Date: 09 November 1895
• Citation: 32 S.W. 684
• Parties: CRUDUP v. RICHARDSON.
• Court: Arkansas Supreme Court

32 S.W. 684

CRUDUP v. RICHARDSON.

Supreme Court of Arkansas.

November 9, 1895.

Appeal from circuit court, Franklin county; Jeptha H. Evans, Judge.

Proceeding by J. C. Crudup against W. P. Richardson. There was a judgment for defendant, and plaintiff appeals. Reversed.

Virgil Bourland, for appellant. George A. Mansfield, for appellee.

BUNN, C. J.

The appellant, being the holder of two certain warrants on the treasury of Franklin county, presented and tendered the same to the appellee, as collector of revenue of said county, in payment of certain county taxes assessed and charged against him, and appellee refused to accept the same. Appellant then sued out his writ in the Franklin circuit court to compel the acceptance of his said warrants in payment of said taxes. The appellee filed his response, setting up the previous order of the county court of said county debarring the holder of said warrants from any benefit therefrom.

The sole issue in the case is as to the validity of the order of the county court, mentioned in the response, and the facts will more definitely appear from the following history of the proceedings in that court: On the 1st day of May, 1884, the same being a day of its regular April term, the said county court made the following order, to wit: "In the Matter of Calling in the Outstanding Warrants of Franklin Co., Ark. Whereas, it appearing to the court that on the 27th day of October, 1880, there was a call made by the court for the bringing in and producing all the then outstanding Franklin county scrip or warrants that had been issued prior to the first day of January, 1880, for reissuance; and it further appearing to the court that three years and upward have transpired and passed since that time; and it further appearing to the court, for the purpose of ascertaining the present indebtedness of the county, it is necessary, under the law authorizing each county in the state every three years to call in her outstanding scrip or warrants for reissuance, that the same be ordered in: It is therefore ordered that all holders of Franklin county scrip or warrants issued prior to the first day of May, A. D. 1884, shall present the same to the clerk of the county court of said county of Franklin, at Ozark, in said county, at the next July term, on the 10th day of August, 1884, of said court, for reissuance; and it is further ordered that all persons who shall hold any warrants of said county, and neglect and refuse to present the same at the time and place aforesaid, as required by this order, shall thereafter be forever debarred from deriving any benefit from their claims; and it is further ordered that the sheriff of Franklin county notify the holders of said county warrants to present the same to the county court at the time and place fixed as aforesaid for reissuance, by putting up at the courthouse door, and at the election precincts in each township in said county, at least thirty days before the time appointed by the order of the said county court for the presentation of said warrants, a true copy of this order, and by publishing the same in two newspapers printed and published in the state of Arkansas for two weeks in succession, the last insertion to be at least thirty days before the time fixed by said county court for presentation of said warrants." The return of the sheriff, showing in what manner he gave the notice thus directed to be given, was expressed in general terms, to the effect that "the notice had been given, as directed in said order, by posting, as required, in each township, and advertising in two newspapers, — Ozark Democrat and the Weekly Sun, — this July 11, 1884." And on October 2, 1889, during the pendency of the present proceedings, said sheriff, then out of office, on motion, and by...