Hester v. Bourland
Supreme Court of Arkansas
Original petition for mandamus; 1. The Constitution says: “The General Assembly shall provide by law the mode of contesting elections in cases not specifically provided for-in this Constitution.” Sec., 24, art. 19, Const.
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Original petition for mandamus; 1. The Constitution says: “The General Assembly shall provide by law the mode of contesting elections in cases not specifically provided for-in this Constitution.” Sec., 24, art. 19, Const. Under this provision, the Legislature is invested with the power and discretion to confer authority on the chancellor at chambers or the chancery court to try contests of this nature. 72 Ga. 812; 43 Pa. 384; 73 Ga. 377; 52 Tex. 335; 62 Tex. 555. A proceeding to contest an election is not a suit at law. 125 111. 141. Election contests belong to 'the political power of the…
1Opinion of the CourtBattle, J.
On the 28th day of March, 1906, a Democratic primary election for the nomination of candidates for various offices was held in the county of Sebastian, in this State. N. E. Hester was a candidate at that election for the nomination as candidate of the Democratic party for the office of county clerk of that county. According to the returns of the election, he was defeated by his opponent, T. N. Reed, who was afterwards declared the nominee of the Democratic party of Sebastian County ■for county clerk. On the 23d day of June, 1906, Hester filed a complaint in equity before J. V. Bourland,…
2Cited by36 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Catlett v. Republican Party of ArkansasSupreme Court of Arkansas · 1967
- Files v. HillSupreme Court of Arkansas · 1980
- Young v. YoungSupreme Court of Arkansas · 1944
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