St. Francis County v. Roleson

Supreme Court of Arkansas

St. Francis County v. Roleson

49 S.W. 351, 66 Ark. 139, 1899 Ark. LEXIS 63

CourtSupreme Court of Arkansas

DecidedJanuary 21, 1899

StatusPublished

Cited by1 cases

This text of 49 S.W. 351 (St. Francis County v. Roleson) 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

St. Francis County v. Roleson, 49 S.W. 351, 66 Ark. 139, 1899 Ark. LEXIS 63 (Ark. 1899).

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Opinion

Hughes, J.,

(after stating the facts.) Certainly the judgment of the county court allowing this claim could not be disregarded or held for naught, in an action brought before a justice of the peace to recover the amount of a claim which had been allowed by the county court, and paid by the county. A judgment of the county court cannot be reviewed by a justice of the peace. If the judgment was erroneous, it might have been reviewed on appeal. If fraudulently obtained, it might have been set aside for fraud by bill in chancery. Constitution of 1874, art. 7, § 51; Sand. & H. Dig. §§ 1264, 1265, 1266; Pettigrew v. Washington Co., 43 Ark. 33. In a case where it appears the county bad no authority or discretion to allow a claim against the county, the order of allowance may be quashed on certiorari. See State, use of Izard County v. Hinkle, 37 Ark. 532.

Judgment affirmed.

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Hughes, J.,

(after stating the facts.) Certainly the judgment of the county court allowing this claim could not be disregarded or held for naught, in an action brought before a justice of the peace to recover the amount of a claim which had been allowed by the county court, and paid by the county. A judgment of the county court cannot be reviewed by a justice of the peace. If the judgment was erroneous, it might have been reviewed on appeal. If fraudulently obtained, it might have been set aside for fraud by bill in chancery. Constitution of 1874, art. 7, § 51; Sand. & H. Dig. §§ 1264, 1265, 1266; Pettigrew v. Washington Co., 43 Ark. 33. In a case where it appears the county bad no authority or discretion to allow a claim against the county, the order of allowance may be quashed on certiorari. See State, use of Izard County v. Hinkle, 37 Ark. 532.

Judgment affirmed.

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Bluebook (online)

49 S.W. 351, 66 Ark. 139, 1899 Ark. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-francis-county-v-roleson-ark-1899.

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