Good Roads Machinery Co. v. Cox
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; R. H. Dudley, Judge; The order of cancellation is void because: (1) The order was not published as required by law. (2) It was not posted in all the voting precincts as required by law. (3) No valid proof of publication was made. (4) The order shows on its face that there was no valid publication of the notice of the order.
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Appeal from Greene Circuit Court, First Division; R. H. Dudley, Judge; The order of cancellation is void because: (1) The order was not published as required by law. (2) It was not posted in all the voting precincts as required by law. (3) No valid proof of publication was made. (4) The order shows on its face that there was no valid publication of the notice of the order. (5) The proof was made by the “publisher,” when the law requires it to be made by the “manager, proprietor, editor or chief accountant.” The proceedings are not in the course of common law and must be strictly complied…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant is the holder of a county warrant of Greene County issued prior to certain statutory proceedings in that county calling in the warrants of the county for reissue or cancellation, and this appeal involves an attack on said order, appellant having failed to appear and present the warrant for reissuance.
The sole point of attack on the validity of the proceedings in the county court is that the affidavit to the proof of the publication of notice was made by the publisher of one of the newspapers in which the notice was published, whereas the statute (Kirby’s Digest, section 4924)…
2Cases cited5 opinions
- Porter v. DooleySupreme Court of Arkansas · 1898
- Gibney v. CrawfordSupreme Court of Arkansas · 1888
- Nevada County v. WilliamsSupreme Court of Arkansas · 1904
- Baker v. YorkSupreme Court of Arkansas · 1898
- Miller County v. GazolaSupreme Court of Arkansas · 1898