Loden v. Hall
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The judgment should have been set aside and a new trial granted. The motion is duly verified by affidavit and properly set up newly discovered evidence. The court abused its discretion is refusing to grant a new trial. The newly discovered evidence was competent and went to the merits of the contest.
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Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The judgment should have been set aside and a new trial granted. The motion is duly verified by affidavit and properly set up newly discovered evidence. The court abused its discretion is refusing to grant a new trial. The newly discovered evidence was competent and went to the merits of the contest. The issue is always “who received the majority of the legal votes?” 53 Ark. 161; 94 Id. 478; 50 Ind. 298; 61 Ark. 317. 2. If the ballots have been tampered with any evidence tending to support the ballot or impeach…
1Opinion of the CourtMcCulloch, C. J.
Appellant and appellee were rival candidates for the office of mayor of the city of Greenwood at the municipal election held April 4, 1916, and on the face of the returns appellee was elected over appellant by a majority of 32 votes. Appellant instituted a contest for the office, alleging that 103 of the votes received by appellee were east by persons who were not legal voters of the city, and the prayer of the complaint was that said illegal votes be excluded from the returns and that appellant be declared elected to the office. That was the sole ground for the contest set forth in the…
2Cited by1 opinion
- Miles v. TeagueSupreme Court of Arkansas · 1972