McDaniel v. Ashworth
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; It was error to sustain the demurrer. The demurrer admits that defendants are holding by virtue of a pretended election held under Act 117, Acts 1917, which election was void.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; It was error to sustain the demurrer. The demurrer admits that defendants are holding by virtue of a pretended election held under Act 117, Acts 1917, which election was void. Appellants were duly appointed by the governor according to law and the governor’s power-of appointment was not revoked by the act of 1917, p. 623. Directors of the district are officers, 69 Ark. 460; 84 Ark. 540, and this suit was properly brought under Kirby’s Digest, § § 7891 et seq. The election held under Acts 1917 was void for irregularities. Acts 1917,…
1Opinion of the CourtMcCULLOCH, C. J.
Appellants and appellees are rival claimants to the positions of directors of the St.. Francis Levee District in the county of St. Francis. Appellants assert their right to the positions under appointments made by the governor in the years 1917 and 1918, and appellees base their claim on an election held on the second Tuesday in June, 1918, pursuant to a statute on the subject enacted by the General Assembly of 1917. Acts 1917, p. 623.
This action was instituted by appellants in the circuit court of St. Francis County under authority of Kirby’s Digest, sec. 7981, et seq., commonly known as…
2Cases cited7 opinions
- Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
- State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
- Garland Power & Development Co. v. State Board of RailroadSupreme Court of Arkansas · 1910
- Snowden v. ThompsonSupreme Court of Arkansas · 1913
- Woodruff v. StateSupreme Court of Arkansas · 1841
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3Cited by13 opinions
- Ark. State Highway Comm. v. MabrySupreme Court of Arkansas · 1958
- Horn v. WhiteSupreme Court of Arkansas · 1955
- Ferguson v. MontgomerySupreme Court of Arkansas · 1921
- Indian Bayou Drainage District v. DickieSupreme Court of Arkansas · 1928
- Hazelrigg v. Board of Penitentiary CommissionersSupreme Court of Arkansas · 1931
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