Willeford v. State
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. M. T. Saunders, Circuit Judge. Poll books must be returned by judge of election.
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APPEAL from Prairie Circuit Court. Hon. M. T. Saunders, Circuit Judge. Poll books must be returned by judge of election. Secs. 41,42, 43, cfee., Acts 1875, p. 100. The statute is mandatory, HeCrary on Elections, Se os. 199-200. The board of canvassers may determine whether what purports to be, are the returns, lb., Sec. 82. Proof of genuineness of returns transmitted through private and unauthorized channels, lb., Secs. 160, 441-2-3. In determining whether returns are genuine and ought to be opened and compared, canvassing boards act in a quasi judicial character, and are not to be controlled…
1Opinion of the CourtSmith, J.
Pursuant to an order of the County Court, an election was held in Prairie County on the 15th of February 1883, to determine whether the county seat should be removed from Des Arc to Hazen. Returns were made to the Circuit Clerk, who is ex officio clerk of the County Court, and he called in two justices of the peace to assist him in canvassing the vote. Before the canvassers had performed their duties, a bill in equity was filed by'the citizens oí Des Arc and a temporary injunction was granted by the County Judge, restraining them from opening and counting the poll-books of the townships of…
2Cases cited2 opinions
- Dickey v. ReedIllinois Supreme Court · 1875
- Boren v. SmithIllinois Supreme Court · 1868
3Cited by26 opinions
- Pitcock v. StateSupreme Court of Arkansas · 1909
- Wells v. PurcellSupreme Court of Arkansas · 1979
- State ex rel. Case v. Superior CourtWashington Supreme Court · 1914
- Freeman v. LazarusSupreme Court of Arkansas · 1895
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
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