Downey v. Toler, Judge

Ed. F. MoFaddin, Justice.

In tbis proceeding for a writ of prohibition two questions are necessarily to be answered:(1) Are members of the Arkansas State Police to be considered as “State officers” within the purview of § 1397, Pope’s Digest; and(2) Does the so-called Venue Act (No. 314 of 1939) amend or repeal § 1397, Pope’s Digest?

A complaint was filed in the Grant Circuit Court by five plaintiffs against “Calvin J. Downey, State Police Officer, and Melvin R. Sanders, State Police Officer, and G-us Adams, city marshal of Sheridan, Arkansas.” The. complaint alleged that each of the plaintiffs…