Rhoden v. Johnston
Supreme Court of Arkansas
Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. Appellants ’ demurrer should have been sus-' tained. Appellee’s position is 'an employment and not an office. Const. Art. 7, § 27. Appellee only held his position by contract and is not an elective officer. Acts 1911, No. 163,. § § 4 and 9, etc. 2. The power of removal from office is incident to the power of appointment. 39 Ark. 211; 15 Pac. 92; 44 Miss. 352; 7 Am.
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Appeal from Conway Circuit Court; M. L. Davis, Judge; 1. Appellants ’ demurrer should have been sus-' tained. Appellee’s position is 'an employment and not an office. Const. Art. 7, § 27. Appellee only held his position by contract and is not an elective officer. Acts 1911, No. 163,. § § 4 and 9, etc. 2. The power of removal from office is incident to the power of appointment. 39 Ark. 211; 15 Pac. 92; 44 Miss. 352; 7 Am. St. 686; 73 N. T. 437; 3 N. Y. Snpp. 522; 149 N. T. 215; 46 Term. 486; 24 Tex. 253; 2 Brock. 96; 69 Ark. 460; 84 Id. 540. 3. A court of law can not enforce specific…
1Opinion of the CourtMcCulloch, C. J.
There is a road laiw in operation in Conway County which was specially enacted by the General Assembly of 1911. Session Acts, 1911, p. 417. Section 4 of the statute reads as follows:
“The county court of said county, at the October term in each year, shall contract with suitable persons for the improvement, working and keeping in repair the several roads and highways of the county, by districts, as shall have been designated ; and, in case suitable persons can not be contracted with during said term, the county court, or the judge thereof in vacation, may thereafter, from time to time,…
2Cases cited6 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Hall v. WisconsinSupreme Court of the United States · 1880
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- Shelby v. AlcornMississippi Supreme Court · 1858
- Lucas v. FutrallSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Maddox v. StateSupreme Court of Arkansas · 1952
- Martindale v. HoneySupreme Court of Arkansas · 1976
- State ex rel. Key v. BondWest Virginia Supreme Court · 1923
- Thomas v. SittonSupreme Court of Arkansas · 1948
8 more not listed; retrieve them via the Exa API.