Legal Opinion

Ex parte Morton

Supreme Court of Arkansas

Decided December 22, 1900PublishedCited by 12 opinions

Appeal from Cleburne Circuit Court. E. G-. Mitchell, Judge. STATEMENT BY THE COURT. S. J. Morton and other adult inhabitants residing within three miles of the Heber High School building, on the 1st January, 1900, filed .a petition asking the county court of Cleburne county to make an order prohibiting the sale of intoxicating liquors within, three miles of said school house. The county judge made the-following indorsement on the petition: “Ignored entirely.”

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Appeal from Cleburne Circuit Court. E. G-. Mitchell, Judge. STATEMENT BY THE COURT. S. J. Morton and other adult inhabitants residing within three miles of the Heber High School building, on the 1st January, 1900, filed .a petition asking the county court of Cleburne county to make an order prohibiting the sale of intoxicating liquors within, three miles of said school house. The county judge made the-following indorsement on the petition: “Ignored entirely.” P. C. Menees, County Judge, January 1, 1900.” Thereupon the petitioners prayed an appeal to the circuit court. The petition came on for…

1Opinion of the Court

PiddiCK, J.,

(after stating the facts). We are of the opinion that the county judge had the right to appeal from the order of the circuit court rendered in this case. Our statute provides that ydien appeals from the orders and judgments of a county court are prosecuted in the circuit or supreme court, the judge of the county court shall defend the same. Sand. & H. Dig., § 1270. This, as heretofore decided, includes the right to take an appeal. Ouachita County v. Bolland, 60 Ark. 516, 31 S. W. 144. Nor do we think it was necessary that either 'the county or the county judge should be made a…

2Cases cited5 opinions

  1. Gray v. PalmerCalifornia Supreme Court · 1865
  2. Anderson v. MitchellIndiana Supreme Court · 1877
  3. Ouachita County v. RollandSupreme Court of Arkansas · 1895
  4. Crenshaw v. BradleySupreme Court of Arkansas · 1889
  5. Little River County v. JoynerSupreme Court of Arkansas · 1893

3Cited by12 opinions

  1. State ex rel. Great Northern Railway Co. v. Railroad CommissionWashington Supreme Court · 1910
  2. Chatfield v. JarrattSupreme Court of Arkansas · 1913
  3. Stricklin v. GallowaySupreme Court of Arkansas · 1911
  4. Wulff v. DavisSupreme Court of Arkansas · 1913
  5. Drainage District No. 7 v. StuartSupreme Court of Arkansas · 1912

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