{
  "id": 1871004,
  "name": "Fry, Collector, v. Chicot County",
  "name_abbreviation": "Fry v. Chicot County",
  "decision_date": "1881-05",
  "docket_number": "",
  "first_page": "117",
  "last_page": "120",
  "citations": [
    {
      "type": "official",
      "cite": "37 Ark. 117"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "33 Ark., 451",
      "category": "reporters:state",
      "reporter": "Ark.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 270,
    "char_count": 4474,
    "ocr_confidence": 0.445,
    "pagerank": {
      "raw": 1.79801099857224e-07,
      "percentile": 0.7159571851486323
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    "sha256": "d6d09fd162b5c1906a2437144e697c067a5a4c1fe46a2e4954136568dae5f523",
    "simhash": "1:8e927fe268b07f0a",
    "word_count": 785
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  "last_updated": "2023-07-14T19:57:17.182005+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fry, Collector, v. Chicot County."
    ],
    "opinions": [
      {
        "text": "English, C. J.\nIt seems that at the April term, 1878,, of the County Court of Chicot county, there was found to-be due to the county, from R. M. Fry, as collector, $1390\u00bb\nOn a subsequent day of the same term, he applied to the Court to allow him a credit for $510.50, paid by him out of the county revenue, as follows :\nTo Dan W. Jones, Esq\u2019r., for legal services in defending against objections made to his bond as collector, in the Chicot Circuit Court, at its\nJanuary term, 1878....................... $200 001\nTo Mark Valentine, Esq\u2019r , for services in the same matter............................. 200 OO1\nTo costs paid in mandamus suit................ 10 50-\nTo Mark Valentine, for legal services in defending in the suit of D. H. Reynolds against said Fry as collector, mandamus from the Chicot Circuit Court..................... 100 00'\n$510 50*\nThe County Court refused to allow the credit claimed, and Fry appealed to the Circuit Court, whei-e the case was tried anew, on tbe following agreed facts, as set out in a bill of exceptions :\u2014\n\u201cFry was appointed, in January, 1877, collector of taxes for Chicot county. At the July term, 1877, of the Chicot Circuit Court, a suit by mandamus was brought against him by D. H. Eeynolds ; and Mark Valentine, Esq., defended said suit for said collector in said court, and afterwards in the Supreme Court; and the collector paid him $100.00 for his services therein, and that the compensation was reasonable. That at the January term, 1878, of the Circuit Court of Chicot county, J. E. Joslyn filed objections to the approval of the bond of said collector by said court; and Dan. W. Jones and Mark Valentine, Esq\u2019rs., as attoraeys for said Fry, defended against said objections, and he paid each of them $200.00 for his services, and the compensation was reasonable. That said objections were overruled, and the bond of Fry approved by the court. That he paid the clerk of the court $10.50 costs in the mandamus suit.\u201d\nUpon these facts the court refused to allow the credit for the $510.50, as claimed by Fry, and overruled a motion for a new trial, and Fry appealed. No declarations of law were asked, and none were made by the court.\nI. The bill of exceptions fails to show that the county had any interest in the mandamus suit, or was under any obligations to pay appellant\u2019s counsel\u2019s fee, or costs in the case.\nWe have been referred by appellant\u2019s counsel here to Fry v. Reynolds, 33 Ark., 451, for the facts in the mandamus case. We may look at that case for law, but not for the facts of the case now before us. They should have been shown by the bill of exceptions.\nII. The Statute makes no provisions for the county to pay the collector\u2019s attorney\u2019s fees wheie objections are made to his bond. When the court finds that the objections to the bond are made through malice, or without probable cause, the costs, and an attorney\u2019s fee, not exceeding $50, may be taxed against the objectors. If the bond be held insufficient, the objectors are entitled to an attorney\u2019s fee to be taxed against the county not exceeding $50. Act of 1st March, 1875, sec. 5 ; Act of 1875, p. 192.\nAppellant did not bring his case within the Statute.\nIt was unfortunate that appellant was put to expense about his bond, which turned out to be good, but there is no Statute under which he is entitled to indemnity from the county, on the. facts stated in the bill of exceptions.\nAffirmed.",
        "type": "majority",
        "author": "English, C. J."
      }
    ],
    "attorneys": [
      "Mark Valentine, for appellant:"
    ],
    "corrections": "",
    "head_matter": "Fry, Collector, v. Chicot County.\n1. Practice in Supreme Court :\nThis Court will not refer for the facts of a ease to the record in another case. The facts must be shown by the bill of exceptions.\n\u20222. Counties : Attorney\u2019s fees.\nA county collector has no claim upon his county for fees paid by him to an attorney for resisting objections to his bond.\nAPPEAL from Chicot Circuit Court,\nHon. T. F. Sorrells, Circuit Judge.\nMark Valentine, for appellant:\nOn principle it is plain that the county should re-imburse appellant the reasonable charges of defending the mandamus suit.\nA fortiori, when the collector has filed a good bond, andi the objections made to it, if successful, -would delay the-collection of taxes. Even if the objections are sustained,, the county pays the attorney\u2019s, fees of the objector \u2014 and not the collector. (Acts of 1874 \u2014 5, p. 193, sec. 4). Citing also, as applicable, Gantt\u2019s Digest, sec. 5288.\nThe course pursued to obtain the credit was proper. Gantt\u2019s Digest, sec. 5268. He is only required to pay balance on settlement."
  },
  "file_name": "0117-01",
  "first_page_order": 115,
  "last_page_order": 118
}