Colvin v. Finch
Supreme Court of Arkansas
Appeal from Perry Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. This appeal is from a judgment denying a petition for prohibition under the three-mile law. The petition was in due form, and had 337 signers.
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Appeal from Perry Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. This appeal is from a judgment denying a petition for prohibition under the three-mile law. The petition was in due form, and had 337 signers. It was filed with the clerk of the county court December 31, 1904. On January 2, 1905, appellee was made a party to the proceeding, and through his counsel presented the applications of fifty-one of the signers to the petition asking to be allowed to withdraw their names. These applications were as follows, which are designated 1, 2, 3» 4- 1. “We, the undersigned adult…
1Opinion of the Court
Wood, J.,.(after stating the facts.) Appellants contend that the applications for withdrawal should not have been considered by the circuit court because the originals were not introduced in evidence, and because the copies were not introduced until after the cause was argued and submitted to the court for decision. This objection is more technical than substantial. The originals had been filed. Appellants had been apprised of their contents. They were not misled by the contents of the written applications. The applications were papers in the case, having been filed by permission of the…
2Cases cited2 opinions
- Bordwell v. DillsSupreme Court of Arkansas · 1902
- Williams v. CitizensSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Davis v. HendersonCourt of Appeals of Kentucky · 1907
- Mahan v. WilsonSupreme Court of Arkansas · 1925
- Walton v. RuckerSupreme Court of Arkansas · 1936
- O'Brien v. RootSupreme Court of Arkansas · 1924