Legal Opinion · Dissent

Downey v. Toler, Judge

Supreme Court of Arkansas

Decided December 20, 1948No. 4-8811Published

1DissentMillwee, J.

I agree with the majority’s conclusion that Act 314 of 1939 did not repeal either the second subdivision of Ark. Stats., § 27-602 or Ark. Stats., § 34-201. Nor did it repeal the third subdivision of Ark. Stats. § 27-603. The first statute fixes the venue of “an action against a public officer for an act done by him in virtue or under color of his office, or for a neglect of official duty” in, the county where the cause of action, or some part thereof, arose. The last mentioned statute provides that “all actions against the State, and all actions against State boards, State commissioners or…

2Cases cited3 opinions

  1. Moncus v. RainesSupreme Court of Arkansas · 1946
  2. Leonard v. HenrySupreme Court of Arkansas · 1933
  3. Chicago, Rock Island & Pacific Railway Co. v. BoneSupreme Court of Arkansas · 1942

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