Whittaker v. Watson
Supreme Court of Arkansas
Appeal from Jackson Circuit court. Richard H. Powell, Judge. The state was not a proper party, and the demurrer for misjoinder should have been sustained. 54 Ark. 468. The filing of the bond required by Sand. & H. Dig., §§ 2702-3, was a prerequisite to the issuance of summons. 5 Ark. 457; 6 Ark. 408; 3 Ark. 501; 17 Ark. 286; 30 Ark. 359. The circuit court had no jurisdiction of a contest for a municipal office. Gf. Const.
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Appeal from Jackson Circuit court. Richard H. Powell, Judge. The state was not a proper party, and the demurrer for misjoinder should have been sustained. 54 Ark. 468. The filing of the bond required by Sand. & H. Dig., §§ 2702-3, was a prerequisite to the issuance of summons. 5 Ark. 457; 6 Ark. 408; 3 Ark. 501; 17 Ark. 286; 30 Ark. 359. The circuit court had no jurisdiction of a contest for a municipal office. Gf. Const. Ark., § 24, art. 19; 27 S. W. 123; 33 Col. 581. The circuit court had jurisdiction. 66 Ark. 201. Contests for municipal offices are not provided for expressly. Of. Sand. &…
1Opinion of the CourtBattle, J.
This action was instituted by the state of Arkansas and Thomas J. Watson against Franklin Whittaker, in the Jackson circuit court, to contest the election of the defendant to the office of mayor of the city of Newport, and to recover that office for Watson. They alleged in their complaint and the amendments thereof that Watson is a citizen of Newport, and a qualified elector; that at the election held at Newport on the fifth day of April, 1898, there were cast for the office of mayor of said city 507 votes; that Watson, Whit-taker and Thomas Ward, being candidates for that office, received of…
2Cases cited2 opinions
- Payne v. RittmanSupreme Court of Arkansas · 1899
- Lambert v. GallagherSupreme Court of Arkansas · 1873
3Cited by25 opinions
- Wood v. MillerSupreme Court of Arkansas · 1922
- Lucas v. FutrallSupreme Court of Arkansas · 1907
- Baca v. Village of BelenNew Mexico Supreme Court · 1925
- Taaffe v. SandersonSupreme Court of Arkansas · 1927
- Schuman v. SandersonSupreme Court of Arkansas · 1904
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