Rhodes v. Driver
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court. Edwakd D. Robertson, Judge. The judgment of the county court established Rhodes’ election, and he was entitled to possession pending appeal. 29 Ark. 85; Sand. & H. Dig., §§ 2699-2701; 17 Minn. 90; 63 la. 711; S. C. 17 N. W. 433; 17 Ark. 407; 38 Tex. 70. The judgment of the county court was self-executing, and eo insianti divested appellee of all official authority, and removed him from office. 7 How. Pr. 282; 6 Abb.
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Appeal from Mississippi Chancery Court. Edwakd D. Robertson, Judge. The judgment of the county court established Rhodes’ election, and he was entitled to possession pending appeal. 29 Ark. 85; Sand. & H. Dig., §§ 2699-2701; 17 Minn. 90; 63 la. 711; S. C. 17 N. W. 433; 17 Ark. 407; 38 Tex. 70. The judgment of the county court was self-executing, and eo insianti divested appellee of all official authority, and removed him from office. 7 How. Pr. 282; 6 Abb. Pr. 222; 80 N.-Y. 185; 64 Ind. 493; 59 How. Pr. 106; 40 Ga. 164; 98 Mich. 218; High, Extr. Leg. Rem. § 756; 128 Mo. 497; 112 Kan. 204;…
1Opinion of the CourtBattle, J.
This action was instituted by Charles S. Driver against J. W. Rhodes, in the chancery court of Mississippi county, to enjoin and restrain the defendant from exercising the functions of the office of circuit clerk of that county. The plaintiff alleged in his complaint, substantially, as follows:
“The petitioner, C. S. Driver, was duly elected clerk of the circuit court of Mississippi county at the general election held oh the 3d day of September, 1900; that he was duly commissioned, qualified, and is now acting as such clerk; that J. W. Rhodes contested his election before the county court of…
2Cases cited1 opinion
- State v. JohnsonSupreme Court of Arkansas · 1856
3Cited by18 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Lucas v. FutrallSupreme Court of Arkansas · 1907
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Felker v. CaldwellIndiana Supreme Court · 1919
- Logan v. RussellSupreme Court of Arkansas · 1918
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