Baugh v. Prairie County

Supreme Court of Arkansas

Baugh v. Prairie County

50 S.W. 876, 66 Ark. 360, 1899 Ark. LEXIS 114

CourtSupreme Court of Arkansas

DecidedApril 15, 1899

StatusPublished

Cited by2 cases

This text of 50 S.W. 876 (Baugh v. Prairie County) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baugh v. Prairie County, 50 S.W. 876, 66 Ark. 360, 1899 Ark. LEXIS 114 (Ark. 1899).

Pincite

Opinion

Per Curiam.

The appellant, W. L. Baugh, was, in 1892, treasurer of Prairie county, and claims that the county is due him the sum of $9.06 for commissions on moneys collected and turned over by him in that year. The county pleaded the statute of limitations of three years, which was sustained by both the county and circuit courts. It is admitted that over three years had elapsed between the time the right of action accrued and the bringing of this action, and we are of opinion that the ruling of the circuit court was correct. Although the statute defines the amount of fees and commissions to which appellant was entitled for such services, still, after the performance of the service, the amount due him from the county was only an ordinary debt. It was a liability not in writing, within the meaning of the statute, and barred after the lapse of three years.

Judgment affirmed.'

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Per Curiam.

The appellant, W. L. Baugh, was, in 1892, treasurer of Prairie county, and claims that the county is due him the sum of $9.06 for commissions on moneys collected and turned over by him in that year. The county pleaded the statute of limitations of three years, which was sustained by both the county and circuit courts. It is admitted that over three years had elapsed between the time the right of action accrued and the bringing of this action, and we are of opinion that the ruling of the circuit court was correct. Although the statute defines the amount of fees and commissions to which appellant was entitled for such services, still, after the performance of the service, the amount due him from the county was only an ordinary debt. It was a liability not in writing, within the meaning of the statute, and barred after the lapse of three years.

Judgment affirmed.'

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Bluebook (online)

50 S.W. 876, 66 Ark. 360, 1899 Ark. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baugh-v-prairie-county-ark-1899.

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