114 . , RHINE v. THOMPSON, COUNTY, JUDGE. [229 RHINE V. THOMPSON, COUNTY JUDGE. 5-1555 313 S. W. 2d 369 Opinion delivered May 26, 1958. ABSTRACTS OF TITLE—ABSTRAC T COMPANIES, FURNISHING SPACE IN COURT HOUSE TO—DISCRETION OF COUNTY JUDGE.—Because of insufficient space in the Circuit Clerk's ' office, the .County Judge assigned space in his office to the appellee for her abstract business and permitted her to install a telephone. HELD: The assignment of space was in accordance with Ark. Stats., § 71-108 and the installation of the telephone was not an abuse of discretion since other abstracters may also install telephones if they so desire. ApPeal from Greene Chancery Court; W . Leon Smith, Chancellor; affirmed. Jaines M. Gardner, Rhine & Rhine and John C. Wat-kins, for appellant. Kirsch, Cathey & Brown and Robert Branch, for appell ee. SAm ROBINSON, .Associate Justice.. Appellants, Olga Hooper and L. V. Rhine, are in the abstract business at Paragould. One of their competitors is- appellee Frances Walls. This action was filed by appellants to enjoin appellee J. Ed Thompson, County Judge of Greene County, from allowing Mrs. Walls to use space in the County Judge's office in the courthouse to do her abstract work. Mr. Rhine and Miss Hooper have appealed from an order denying the injunction. Mrs. Walls has been in the abstract business since 1932 and she has owned the business since 1941. During all of this time she has done her abstract work in the courthouse in the same manner in which she is now conducting it. Prior to the election • of appellee, J. Ed Thompson as County Judge of Greene County, in 1952, Hrs.-Walls did her work in the county clerk's office. The circuit clerk's office would • have been more convenient for her, but since appellants and one other abstract concern had space in the circuit clerk's office in which to do their abstract work, there was no room for Mrs. Walls, and she therefore did her work in the coun-
■:_kIN.] RHINE V. ThOMPSON ) COUNTY JUDGE. a15 tyelerk's. office. After. Judge Thompson .was elected; he teached . the,:conclUsion that due to the crowdedLodrv-dition in the coUnty clerk.'s :office it would be bettdrfor Mrs: Walls,to dO: het ;work in the:judge's-private office. He suggested to Mrs. Walls that she move her facilifia in a p t r o p his office ears ...k ! that t ' and, she agreed to this arrangement It hi . s , 4 , s p, veiy. good arraligem . e ; nt fo .11 , r ,, -4,1fie *countY, , Mrk . Wall . S , had her own prrivate.'teIephone00 the ;county jUdge:did; not have one.. Thefefore; ;tenSion Was installed under . an'arrangement .-wherdjYrige • c , o un ty Pays one;half Mrs : , \V; r . all s ; , ; , p ./ a y -19; 7) );.5 of "the regular . telephone 14 and s .43.n rc-13.alfi . .̀..,..S -• l ' i .,e„ a l , so , , 4 p .. ay i s ( , ( f . o ./ r h , e • r i . f . , T y t I y I x n o k ). . :and for . fiCr'lonA f 'distance , calIS. it IS'neCes§arY ih a l h7 county - judge be Out oV , er ihe' cOunty a 'consideraN?pp2frf tion of the time, and MrS: Wall§ takes mes -§ages . foritinn and telephone calls; she also does stenogral p hiciakk for the county judge—all of-this-at-no cost whatever to the county. She is merely allowed to use small space in the county judge's office :.: in r connectiOfi with her abstract w . . o .. r k 1 :. . , - „• .71. : • !• . am-e Appellants -are given space in - the' circuit clerk's office to do theitabstract work, as required by sAtuta. In fact, appellants sned the County judge in 195I -Agj compel the county to furnish them space to. do- theirofotract work. • As a -result : of • that suit. appellants: wer,errifur-ni§hed: space in- the 'circuit clerk's office. Atk.loStat. 71 . --108 proVides .: '." . -. - -• .- ..'. '1) led if .• . . ., • "' : '.- .c;friat odd. "Space for wOrk designated in o • ff . ice . a t . ,u, ,,, m ciefl or elsewhere in courthquse.-Upon full s on-lp , liapce wjt,th all tlie -' 1 1 1)1PO4 g' i.ORS I' 'O'f. "thi ' a,'Ci Y M • 71 = i01‘711:09t'S7 1 - any ..pezsoR, firRk9r,corporation, ,it-shall,..bnithe ., 4.ty..ol f the clerk to designate a reasonAle spacc in,his.,off4K . NT wyk person, firm or corporation to work. Provided, that in .a1-- cak • wheie'space : • in' thff :circuit clerk 'S:Aficffshall VC ins'Ufficient . to -PermiCthe • circuit Cleik tO avsignawimilic "space rto-a ll-abstraOtdmentitled therefacthe Co-itaty,e'eaRt 7or -Connty Judge-maY'assign •;3.-ther Space''finkthOEC rofatitti-house' f or -such7pu'rposes; PrOvided +-suc'h r spdee virifsg I • dOes-riot-interfer'e with • thduties of r anY PUI311.6 onicia41. Nothing' 'hdrein r 7 coritainedf :shall, 'Hé -cdnr struMceto flp&rinil
116 [229 any public records to be taken from the clerk's office when same shall be in use by the clerk, but when not so required, the public records may be used by the abstract-er in the area assigned by the County Court or the County Judge." Here the statute was followed to the letter. Since there is not room in the circuit clerk's office for Mrs. Walls, the county judge assigned her other space in the courthouse in which to work. The fact that Mrs. Walls was permitted to have a telephone in the courthouse in connection with her work as an abstracter was a matter within the discretion of the county judge. According to the undisputed evidence, the other abstracters may also install telephones if they so desire. Affirmed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.