State v. Hixon
Supreme Court of Arkansas
PETITION EOR QUO WARRANTO. We submit: First. This court has no jurisdiction of the subject of the action. See State vs. Ashley etals., 10 Ark. 280. Second. The rule should disclose the grounds upon .which the information was granted, which-it does not do. See Fields Practice, 3d American, from the 9th Pond. Fd., vol. 1 .,page 657; Chap. 2, Civil Code. Third.
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PETITION EOR QUO WARRANTO. We submit: First. This court has no jurisdiction of the subject of the action. See State vs. Ashley etals., 10 Ark. 280. Second. The rule should disclose the grounds upon .which the information was granted, which-it does not do. See Fields Practice, 3d American, from the 9th Pond. Fd., vol. 1 .,page 657; Chap. 2, Civil Code. Third. That the defendant, under the Constitution and laws of the land, is entitled to hold the office until January 1, 1873. See Sec. 16, Art. 15; Const-, and Secs 3 and 18, same Art. Fourth. That this suit should not have been brought in -the…
1Opinion of the CourtBennett, J.
On the 14th day of December, 1871, at the suggestion of the Attorney General, a rule to show cause was awarded against Pleasant Hixon, the defendant, why a writ of quo warranto should not be issued against him.
On the 8th day of January, 1872, a demurrer to the inforjnation of the Attorney General was filed.
There are four causes assigned in the demurrer. The first three are all to the effect that this court has no jurisdiction.; the second is that the information shows no cause of action.
The question of jurisdiction has been fully settled in the cases of Price et al. vs. Page, Treasurer, 25…
2Cases cited1 opinion
- State v. JohnsonSupreme Court of Arkansas · 1870
3Cited by7 opinions
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- Lucas v. FutrallSupreme Court of Arkansas · 1907
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- McCain, Labor Commissioner v. CollinsSupreme Court of Arkansas · 1942
- Wishek v. BeckerNorth Dakota Supreme Court · 1900
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