Logan v. Russell
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The supporting affidavits were filed within the time and duly verified before the case was called for trial. The complaint stated a good cause of action, and if the facts stated are true there can be no question of contestant’s right to the nomination. It was error to .sustain the demurrer.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The supporting affidavits were filed within the time and duly verified before the case was called for trial. The complaint stated a good cause of action, and if the facts stated are true there can be no question of contestant’s right to the nomination. It was error to .sustain the demurrer. Acts 1917, Yol. 2, p. 2296; Kirby’s Digest, § f 6120, 5976, 6145; 42 Ark. 59; 94 Id. 345. A strict compliance with the statute was not necessary. 2. The statute should be liberally construed to effect the remedy. Mere defects or omissions should be…
1Opinion of the CourtMcCulloch, C. J.
Appellant and appellee were rival candidates in Johnson County for the nomination of the Democratic party for the office of county clerk at á primary election held on the first Tuesday in May, 1918, and appellee was duly certified as the successful candidate. Appellant instituted a contest in the circuit court of Johnson County. He filed a complaint setting forth his grounds of contest, and also filed therewith an unsworn statement signed by ten citizens of the county, which was in the following form:
“We, the undersigned, state that we are reputable citizens of Johnson County, Arkansas, .and…
2Cases cited4 opinions
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Rhodes v. DriverSupreme Court of Arkansas · 1901
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Davis v. MooreSupreme Court of Arkansas · 1902
3Cited by21 opinions
- Reed v. BakerSupreme Court of Arkansas · 1973
- Ferguson v. MontgomerySupreme Court of Arkansas · 1921
- Willis v. KingSupreme Court of Arkansas · 2003
- McLain v. FishSupreme Court of Arkansas · 1923
- Bland v. BentonSupreme Court of Arkansas · 1926
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