State v. Hutt
Supreme Court of Arkansas
On Quo Warranto. A quo warranto issued against the defendant, John Hutt, summoning him to appear and show by what warrant he claimed to exercise the office and franchise of Justice of the Peace, in and for the county of Pulaski.
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On Quo Warranto. A quo warranto issued against the defendant, John Hutt, summoning him to appear and show by what warrant he claimed to exercise the office and franchise of Justice of the Peace, in and for the county of Pulaski. The defendant appeared and pleaded in bar of the writ, “that he was duly elected Justice of the Peace, in and for the county aforesaid, and State of Arkansas, on the 1st day of October, A. D. 1838, for the term of two years, which period of time hath not yet expired, and that he was regularly commissioned by the Governor as Justice of the Peace for said county, on the…
1Opinion of the CourtLacy, Judge
The pleadings in the case present but a single question for our consideration and decision, which is, can the defendant at one and the same time exercise the powers and duties of the office of Justice of the Peace, and of Treasurer of the State? The examination and decision of this question involves the construction of the Constitution of the State, and the relative powers of the different departments of the government as organized and established by that instrument.
The Constitution declares that “ the powers of the government of the State of Arkansas shall be divided into three distinct…
2Cited by9 opinions
- Oates v. RogersSupreme Court of Arkansas · 1940
- Scott v. StrobachSupreme Court of Alabama · 1873
- Helena Water Co. v. City of HelenaDistrict Court, E.D. Arkansas · 1921
- Opinion No., Arkansas Attorney General Reports1989
- Opinion No., Arkansas Attorney General Reports1996
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