Legal Opinion

State ex rel. Gray v. Hodges

Supreme Court of Arkansas

Decided March 3, 1913PublishedCited by 15 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; “The Governor may appoint a convenient number of notaries public for each county, who shall be citizens qf the county for which they are appointed,” etc. Kirby’s Dig. § 5743. The only requirement is that they be citizens, and it is not necessary that one be an elector in order to be a citizen. 6 Am. & Eng. Enc. of L. 15; 21 Wall. (IT.

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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; “The Governor may appoint a convenient number of notaries public for each county, who shall be citizens qf the county for which they are appointed,” etc. Kirby’s Dig. § 5743. The only requirement is that they be citizens, and it is not necessary that one be an elector in order to be a citizen. 6 Am. & Eng. Enc. of L. 15; 21 Wall. (IT. S.) 165,169,170; 24 Ark. 159. Unless there is something in our Constitution to prevent, a woman may be a notary public in this State. Since it is not an elective office but appointive, and…

1Opinion of the CourtHart, J.

A petition for a writ of mandamus to compel the Secretary of State to issue a commission as notary public to Mary B. Gray was filed in the Pulaski Circuit Court. The petition states that Mary B. Gray is a citizen of Pulaski County and was appointed a notary public by the Governor of the State. That she applied to the Secretary of State to issue her a commission and that he refused to do so on the ground that she was a woman. The circuit court denied the petition for the writ of mandamus and the case is here on appeal.

Section 5743, Kirby’s Digest, provides that the Governor may appoint…

2Cases cited4 opinions

  1. Little Rock v. North Little RockSupreme Court of Arkansas · 1904
  2. State v. AshleySupreme Court of Arkansas · 1839
  3. Sonfield v. ThompsonSupreme Court of Arkansas · 1883
  4. Colby v. LawsonSupreme Court of Arkansas · 1844

3Cited by15 opinions

  1. State ex rel. West v. ButlerSupreme Court of Florida · 1915
  2. State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
  3. State Ex Rel. Attorney General v. IrbySupreme Court of Arkansas · 1935
  4. Brown v. AndersonSupreme Court of Arkansas · 1946
  5. Carroll Ex Rel. Johnson v. JohnsonSupreme Court of Arkansas · 1978

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