Walsh v. Hampton
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. A void judgment rendered by the county court can lawfully be vacated after the term in which it was rendered has expired. 89 Ark. 160; 23 Cyc. 697. 2. Any voter has the right to be made a party to the record to contest a county seat removal proceeding. 54 Ark. 409; 72 Ark. 394; 23 Cyc. 697. 3. The judgment was' void because no sufficient abstract of title accompanied the petition.
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Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. A void judgment rendered by the county court can lawfully be vacated after the term in which it was rendered has expired. 89 Ark. 160; 23 Cyc. 697. 2. Any voter has the right to be made a party to the record to contest a county seat removal proceeding. 54 Ark. 409; 72 Ark. 394; 23 Cyc. 697. 3. The judgment was' void because no sufficient abstract of title accompanied the petition. An abstract of title made more than one year prior to the filing of the petition is not sufficient. Kirby’s Digest, § § IIT5, 1x17; art. 13, § 3, Const.…
1Opinion of the CourtMcCulloch, C. J.
Appellant, O. C. Walsh, in the present proceedings instituted by him in the county court of Dallas County, attacks the validity of an order of that court for an election upon the question of the removal of the county seat, and also an order of removal made pursuant to the vote at the election. On June 2, 1908, petitions were filed in the county court asking that the county seat be removed from Princeton, one of them asking in favor of Fordyee and the other asking in favor of Carthage. On June 4, 1908, upon consideration of these petitions, the court ordered an election to be held on July 15,…
2Cases cited1 opinion
- Hudspeth v. StateSupreme Court of Arkansas · 1892
3Cited by3 opinions
- Graham v. NixSupreme Court of Arkansas · 1912
- Pitts v. StuckertSupreme Court of Arkansas · 1914
- Warren v. WheatleySupreme Court of Arkansas · 1956