Brumley v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. W. Meeks, Judge; 1. The order of the county court was void for want of jurisdiction, in that it shows that the petition was signed by ten citizens, whereas the statute requires that it be signed by ten freeholders; and the order also fails to show that five days’ notice in writing had been given to the owners of the land to be affected by the proposed road. Kirby’s Dig. § § 2993-2999. The order was therefore incompetent as evidence.
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Appeal from Randolph Circuit Court; J. W. Meeks, Judge; 1. The order of the county court was void for want of jurisdiction, in that it shows that the petition was signed by ten citizens, whereas the statute requires that it be signed by ten freeholders; and the order also fails to show that five days’ notice in writing had been given to the owners of the land to be affected by the proposed road. Kirby’s Dig. § § 2993-2999. The order was therefore incompetent as evidence. The county court having acquired no jurisdiction, its order was a nullity, and may be collaterally attacked. 1. Black on…
1Opinion of the CourtRiddick, J.
This is an appeal by G. W. Brumley from judgment of the Randolph Circuit Court convicting him of the crime of obstructing a public road in district number 4 of Randolph County known as Skinner Ferry and Glaseo Road by building a fence across it. Eor this offense the defendant was adjudged to pay a fine of five dollars and costs.
On the trial the State introduced an order of the county court showing that a public road had been duly established in 1893, beginning at Skinner’s Ferry on the east bank of Current River .and going up the east bank of the river about one hundred yards and thence…
2Cases cited2 opinions
- Gibney v. CrawfordSupreme Court of Arkansas · 1888
- Pierce v. EdingtonSupreme Court of Arkansas · 1881
3Cited by14 opinions
- Bridwell v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1935
- Merritt Mercantile Company v. NelmsSupreme Court of Arkansas · 1925
- Nelms v. SteelhammerSupreme Court of Arkansas · 1955
- Road Improvement District No. 2 v. WinklerSupreme Court of Arkansas · 1912
- Sevener v. FaulknerSupreme Court of Arkansas · 1972
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