Stephens v. School District No. 85
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court: Eugene Lankford, Judge; 1. The alleged demurrer was a mere protest. 2. The record shows on its face a majority favoring the new district.
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Appeal from Lonoke Circuit Court: Eugene Lankford, Judge; 1. The alleged demurrer was a mere protest. 2. The record shows on its face a majority favoring the new district. No evidence to the contrary was offered. 54 Ark. 185; Kirby’s Dig., § 7544. 3. The facts warranted a new district, and the court, a court of competent jurisdiction, so found, and it will be presumed to have acted upon sufficient evidence to sustain its finding. 53 Ark. 478; 38 Id. 157. The statute requires a majority of the electors residing in the district. Kirby’s Dig., § 7544. The burden was on petitioners to show this.…
1Opinion of the CourtFrauenthal, J.
This is an appeal from the judgment of the circuit court, setting aside an order of the county court forming a new school district. The proceeding was begun by a petition being filed in the county court in which it is stated that the petitioners request said court to form a new school district out of certain territory which is therein specifically described. This territory is a part of School District No. 85, and two directors of that school district filed a remonstrance against or response to said petition, in which they stated that the territory described therein is a portion of School…
2Cases cited1 opinion
- Hudspeth v. WallisSupreme Court of Arkansas · 1891
3Cited by11 opinions
- Town of South Tucson v. Board of SupervisorsArizona Supreme Court · 1938
- Mitchell v. Directors of School District No. 13Supreme Court of Arkansas · 1922
- Carpenter v. LeathermanSupreme Court of Arkansas · 1915
- School District No. 45 v. School District No. 8Supreme Court of Arkansas · 1915
- Bledsoe v. McKeowenSupreme Court of Arkansas · 1930
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