Ferguson v. Wolchansky
Supreme Court of Arkansas
Appeal from Desha Circuit Court; W. B. Sorrells, Judge; 1. The demurrer confesses the truth of the complaint. Bliss Code PL, § 418. There was no election under ¡act 55 Acts 1917, pp. 233-4. Plaintiffs are the legal directors. 23 Am. St. 51; 83 Am. Dec. 751; 65 Ga. 260, etc. 2. It was error to 'sustain the demurrer. The court should have waited for proof as to whose fault it was that the election was not held. 75 Ind. 518; 22 Oh.
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Appeal from Desha Circuit Court; W. B. Sorrells, Judge; 1. The demurrer confesses the truth of the complaint. Bliss Code PL, § 418. There was no election under ¡act 55 Acts 1917, pp. 233-4. Plaintiffs are the legal directors. 23 Am. St. 51; 83 Am. Dec. 751; 65 Ga. 260, etc. 2. It was error to 'sustain the demurrer. The court should have waited for proof as to whose fault it was that the election was not held. 75 Ind. 518; 22 Oh. St. 340; 31 Mich. 78. 3. Defendants were mere volunteers and usurpers. 95 Ark. 26; Kirby’s Digest, § 7983. The proper remedy was sought. Bliss Code PI. § § 453-4; 66…
1Opinion of the CourtMcCULLOCH, C. J.
The General Assembly of 1917 by special statute created Special School District of Watson, in Desha County, out of territory which then constituted Common School District No. 9, Acts of 1917, p. 233. The act was approved by the Governor on February 8, 1917, and, having the emergency clause, went into effect immediately. Section 4 of the statute provided that the directors of the common school district ‘ ‘.shall hold the annual school election in May, 1917, and at 'said election six directors shall be elected, two of whom shall serve for a term of one year, two shall serve for two years, and…
2Cases cited1 opinion
- Wheat v. SmithSupreme Court of Arkansas · 1887
3Cited by9 opinions
- Wood v. MillerSupreme Court of Arkansas · 1922
- Stafford v. CookSupreme Court of Arkansas · 1923
- Reed v. BakerSupreme Court of Arkansas · 1973
- Faver v. GoldenSupreme Court of Arkansas · 1950
- Jackson v. CollinsSupreme Court of Arkansas · 1937
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