Ferguson v. Priddy
Supreme Court of Arkansas
Prohibition to Johnson Circuit Court; A. B, Priddy, Judge; There are only two questions involved here: (1) Does Kirby’s Digest, §§ 2865-6, apply in primary election contests? (2) If so, is the giving of the bond required by those sections a jurisdictional requirement? The answer to the first proposition depends upon the construction of the language in § 19 of the Initiative Act No. 1 in vol. 2, Acts 1917, p. 2302. A bond must be given. Kirby’s Digest, § 2865; 55 So.
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Prohibition to Johnson Circuit Court; A. B, Priddy, Judge; There are only two questions involved here: (1) Does Kirby’s Digest, §§ 2865-6, apply in primary election contests? (2) If so, is the giving of the bond required by those sections a jurisdictional requirement? The answer to the first proposition depends upon the construction of the language in § 19 of the Initiative Act No. 1 in vol. 2, Acts 1917, p. 2302. A bond must be given. Kirby’s Digest, § 2865; 55 So. Rep. 627. The filing of the bond is jurisdictional. 21 So. Rep. 1017; 64 Id. 313; 97 N. E. 1020. No bond is required in…
1Opinion of the CourtMcCulloch, C. J.
At the primary, election held on August 10, 1920, to nominate candidates of the Democratic party for State, county and district offices, J. J. Montgomery and Gr. D. Ferguson were rival candidates for county judge of Johnson County, and upon the canvass of the returns by the Democratic Central Committee Ferguson was found to have received a majority of the votes cast and a certificate of nomination was accordingly issued to him. Montgomery instituted a contest in the circuit court, as provided by the statute regulating contests for nominations under the primary election law initiated by the…
2Cases cited5 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Rhodes v. DriverSupreme Court of Arkansas · 1901
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Davis v. MooreSupreme Court of Arkansas · 1902
- Letchworth v. FlinnSupreme Court of Arkansas · 1913