Pitts v. Stuckert
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Guy Fulk, Judge; STATEMENT BY THE COURT. At the January, 1913, term of the county court of Perry County a petition was filed by the legal voters of that county “for the removal of the county seat and for the submission of the question of removal to an election by the people. ’ ’ The appellants, on their petition, were made parties to the proceedings on January 10,1913. On the same day the court, upon consideration of the petition for an…
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Appeal from Perry Circuit Court; Guy Fulk, Judge; STATEMENT BY THE COURT. At the January, 1913, term of the county court of Perry County a petition was filed by the legal voters of that county “for the removal of the county seat and for the submission of the question of removal to an election by the people. ’ ’ The appellants, on their petition, were made parties to the proceedings on January 10,1913. On the same day the court, upon consideration of the petition for an election on the question of removal, found that the petitioners had in all respects complied with the law in such cases made…
1Opinion of the Court
Wood, J.,
(after stating the facts). The circuit court found ‘ ‘ from the testimony and the record that the contestants were made parties before the county court acted on the return of the clerk and justices of the peace, but filed no contest until after the county court had adjudged the result of the election, when they filed a paper purporting to be a contest, which the county court refused to consider on the ground that that matter was not then before it. The case was tried in the circuit court alone on the statement of grounds of contest filed after the appeal had been taken and the…
2Cases cited7 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Patton v. CoatesSupreme Court of Arkansas · 1883
- Freeman v. LazarusSupreme Court of Arkansas · 1895
- Clark v. Board of ExaminersMassachusetts Supreme Judicial Court · 1879
- Howard v. McDiarmidSupreme Court of Arkansas · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dotson v. RitchieSupreme Court of Arkansas · 1947
- Bowden v. WebbSupreme Court of Arkansas · 1915