Merritt v. Hinton
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. John M. Elliott, Judge. i. Before a claimant can recover an office by suit he must show— First—That he is eligible-to the office. 2 Pars., 537; Const., art. 7, sec. 29.; Mansf. -Dig., sec. .1790,- 1793 ; Am. Law of Elections, sec. 258; 28 Wis., 963 19 .CM.,. 180. Second—That he received a majority or plurality of the legal votes cast.
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APPEAL from Arkansas Circuit Court. John M. Elliott, Judge. i. Before a claimant can recover an office by suit he must show— First—That he is eligible-to the office. 2 Pars., 537; Const., art. 7, sec. 29.; Mansf. -Dig., sec. .1790,- 1793 ; Am. Law of Elections, sec. 258; 28 Wis., 963 19 .CM.,. 180. Second—That he received a majority or plurality of the legal votes cast. The complaint does not set forth the-number of votes claimed to have been received, nor that any of the votes were legally cast. Paine on Elec., sec. 997, 825 ; Bright, Elec. Cases, 320; 2 Pars., 548. 2. The evidence does not…
1Opinion of the Court
Hughes, J.-
The appellee commenced this proceeding in the circuit court of Arkansas county to contest the election of the appellant to the office of county judge of said county, at the general election held on the 3d day of September, 1888. The transcript in the case was filed in the office of the clerk of this court on the 10th day of December, 1889. On the 22d day of March, 1890, the appellee filed a motion to advance the cause, which was granted by this court. The brief of appellant was filed November 12, 1890, and the brief of appellee December 12, 1890. When the briefs were, filed the…
2Cited by5 opinions
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- Tallman v. StateSupreme Court of Arkansas · 1922