Wheat v. Smith
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. ■O. E. Mitchell, Judge. 1. The circuit court has no jurisdiction to try the case. The complaint was under Gh. 51 Mansf. Dig., sec. 6466, Gh. 12, Civil Code, which superseded sec. 90, Gh. 62 Gould’s Dig.) 28 Arh., 451. The constitution of 18741 gives exclusive original jurisdiction to the county courts in matters of local concern. Art. 7, sec 28. The circuit court has jurisdiction in contest cases by appeal only.
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APPEAL from Lafayette Circuit Court. ■O. E. Mitchell, Judge. 1. The circuit court has no jurisdiction to try the case. The complaint was under Gh. 51 Mansf. Dig., sec. 6466, Gh. 12, Civil Code, which superseded sec. 90, Gh. 62 Gould’s Dig.) 28 Arh., 451. The constitution of 18741 gives exclusive original jurisdiction to the county courts in matters of local concern. Art. 7, sec 28. The circuit court has jurisdiction in contest cases by appeal only. Ib., art. 7, sec. 52. The original jurisdiction is in the county court. Acist1874-5,p. 106, sec. 71; 28 Arh., 451. 2. This was a contest…
1Opinion of the CourtCockkill, C. J.
B. B. Wheat was elected circuit clerk of Lafayette county at the general election in 1884 for a term of two years, and at the time of the institution of this action against him, in July, 1887, he was holding over without claiming tinder a subsequent election. On the date mentioned the appellee, V. V. Smith, instituted proceedings ill the Lafayette circuit court under the “Usurpation of Office Act,” to oust Wheat and recover the office held by him. The complaint alleged in effect, that at a special election to fill a vacancy in the office of circuit clerk of Lafayette county, duly and legally…
2Cases cited7 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- Williamson v. LaneTexas Supreme Court · 1879
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Bowen v. HixonSupreme Court of Missouri · 1870
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1882
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- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- Seymour v. City of TacomaWashington Supreme Court · 1893
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