60 Ark. 194 | Ark. | 1895
D. M. Wilson, the sheriff of St. Francis county, gave bond as collector of taxes, which was approved by the county court. The appellees, James Fussell et al., citizens and tax payers of the county, deeming the sureties on said bond insufficient, appealed to the circuit judge in vacation from the order of the county court approving said bond. The circuit judge, after hearing the evidence and considering the matter, also approved the bond, and taxed the costs of the proceeding against said appellees. This is an action by scire facias to enforce this order of the circuit judge in reference to the costs. The appellant states in his brief that the appellees gave bond for costs at the time of taking the appeal from the order of the county court. This is denied by appellees, and the record does not show that such bond was given ; but if it was given, and if it be conceded that it was valid, yet that could avail nothing, for this is not a suit upon a bond, but a proceeding by scire facias.
The scire facias does not set out or refer to any bond, and as the judgment of the circuit court, now under review, was rendered upon a demurrer and motion' to quash the writ of scire facias, it can make no difference here whether the bond was given or not. We must look to the writ alone to determine its sufficiency upon the demurrer. The writ recites the order of the circuit judge taxing the costs sought to be recovered against appellees. The only question we need to determine is whether, when the county court approves a sheriff’s bond as collector, and parties appeal from such order of approval, the sheriff may recover his costs against them if the order of the county court is affirmed.