Brown v. Haselman
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conzvay, Judge; The complaint is sufficient in law, and the court erred in sustaining the demurrer. Kirby’s Digest, § 1667; lb. § 7589; H>! § 2773; lb. § 2772. 1. The statute upon which this action is based (Kirby’s Digest, § 1667) was repealed by the .later election law which covers the entire ground of the subject-matter of the former statute. Kirby’s Digest, c. 57; 70 Ark. 25', and cases cited.
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Appeal from Hempstead Circuit Court; Joel D. Conzvay, Judge; The complaint is sufficient in law, and the court erred in sustaining the demurrer. Kirby’s Digest, § 1667; lb. § 7589; H>! § 2773; lb. § 2772. 1. The statute upon which this action is based (Kirby’s Digest, § 1667) was repealed by the .later election law which covers the entire ground of the subject-matter of the former statute. Kirby’s Digest, c. 57; 70 Ark. 25', and cases cited. Hence no cause of action was stated, and the demurrer was properly sustained. 2. But, if it had not been repealed, it has no application to school…
1Opinion of the CourtMcCulloch, J.
This is an action to recover the prescribed penalty for an alleged violation of the following statute:
“If any judge or clerk of any election, or any other person concerned in the conducting of any election, shall neglect, improperly delay or refuse to perform any of the duties required by law, having undertaken to do so, or shall be guilty of corruption, partiality or manifest misbehavior in any matter or thing appertaining to such election, or shall unduly attempt to influence the election, he shall forfeit and pay the sum of $200, to be recovered by indictment, or by action of debt, in the…
2Cited by3 opinions
- Letchworth v. FlinnSupreme Court of Arkansas · 1913
- Campbell v. SamplesSupreme Court of Arkansas · 1909
- Cade v. StateSupreme Court of Arkansas · 1932