Allen v. Morton
Supreme Court of Arkansas
Appeal from Washington Circuit Court; /. S. Maples, Judge; If Morton received only four votes on the first ballot, he . was not elected on that ballot. 53 Conn. 76; 55 Am. 65; 63 Atl. 512. But, even if Morton were elected, the (action of the board in proceeding to a second ballot was equal to a removal, and the person thereafter elected would be entitled to hold the office. Kirby’s Dig., § § 4284 to 4291; 41 Am.
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Appeal from Washington Circuit Court; /. S. Maples, Judge; If Morton received only four votes on the first ballot, he . was not elected on that ballot. 53 Conn. 76; 55 Am. 65; 63 Atl. 512. But, even if Morton were elected, the (action of the board in proceeding to a second ballot was equal to a removal, and the person thereafter elected would be entitled to hold the office. Kirby’s Dig., § § 4284 to 4291; 41 Am. St. R. 236; Id. 606; 97 N. W. 887. Morton was not entitled ¡to a hearing before removal. 127 Cal. 388; 78 Am. St 66; 136 Cal. 580; 81 Rac. 674. The appointment was not irrevocable. 78…
1Opinion of the CourtBattue, J.
W. H. Morton commenced an action against D. M. Allen in the Washington Circuit Court to recover the office of treasurer of the University of Arkansas, and for the salary of the office. The facts in the case are substantially as follows: At the regular annual meeting of the board of trustees of the University of Arkansas held in the city' of Fayetteville, in this State, on the 8t'h day of June, 1909, the time fixed 'by law for the election of treasurer of the university, an election by ballot was held by such trustees for that officer. The result of the first ballot was announced as follows:…
2Cases cited1 opinion
- Wood v. CutterMassachusetts Supreme Judicial Court · 1884
3Cited by8 opinions
- Witherspoon v. State Ex Rel. WestMississippi Supreme Court · 1925
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- State Ex Rel. Johnson v. HagemeisterNebraska Supreme Court · 1955
- Steward v. RustSupreme Court of Arkansas · 1952
- Meixell v. Hellertown Borough CouncilSupreme Court of Pennsylvania · 1953
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