Legal Opinion

Simmons v. Terral

Supreme Court of Arkansas

Decided November 1, 1920PublishedCited by 5 opinions

Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; The court erred in holding Mr. Rushton not a citizen, within the meaning of the law, and dismissing appellant’s cause. The first point to be determined is the meaning of the word “citizen,” as used in section 12, initiative act No. 1. Webster, Diet., Bouvier, Diet., and Burrill, Diet., verbum ‘ ‘ citizen; ’ ’ Blackstone, Com.

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Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; The court erred in holding Mr. Rushton not a citizen, within the meaning of the law, and dismissing appellant’s cause. The first point to be determined is the meaning of the word “citizen,” as used in section 12, initiative act No. 1. Webster, Diet., Bouvier, Diet., and Burrill, Diet., verbum ‘ ‘ citizen; ’ ’ Blackstone, Com. Prior to the Fourteenth Amendment, U. S. Const., the Constitution never declared who were citizens thereof. The citizens of the several States forming the Confedration were citizens of the several States and not…

1Opinion of the CourtHumphreys, J.

This is a- contest by appellant of the certification of the nomination of appellee, W. -H. Terral, for assessor, issued by the Democratic County Central Committee of Jackson County. The complaint was filed in the circuit court of said county, under section 12 of the Initiative Act No. 1, vol. 2, Acts of 1917, p. 2287, known as the “Brundidge Primary Election Law.” That section of the law provided in part that “the complaint shall be supported by the affidavits of ten reputable citizens.” "Walter Rushton, one of the affiants to the complaint, had not made final proof and obtained his…

2Cases cited1 opinion

  1. School District No. 11 v. School District No. 20Supreme Court of Arkansas · 1897

3Cited by5 opinions

  1. Taaffe v. SandersonSupreme Court of Arkansas · 1927
  2. Ferguson v. MontgomerySupreme Court of Arkansas · 1921
  3. Wilson v. DanleySupreme Court of Arkansas · 1924
  4. Culpepper v. MathewsSupreme Court of Arkansas · 1925
  5. Bowers v. StateSupreme Court of Arkansas · 1922

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