McMahan v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This quo warranto proceeding was begun by the State, at the relation of her Attorney General and the prosecuting attorney of the Thirteenth Judicial Circuit in the Union Circuit Court, to oust appellants, the mayor and aldermen of El Dorado, a city of the second class, from office, it being alleged that they had usurped said offices and were holding them without right and legal authority.
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This quo warranto proceeding was begun by the State, at the relation of her Attorney General and the prosecuting attorney of the Thirteenth Judicial Circuit in the Union Circuit Court, to oust appellants, the mayor and aldermen of El Dorado, a city of the second class, from office, it being alleged that they had usurped said offices and were holding them without right and legal authority. The separate answer of the mayor and each of the aldermen denied that they had usurped office or had held the offices without…
1Opinion of the Court
Kirby, J.,.(after stating the facts). It is claimed by the State- that the election of 1911, at which appellants were elected to the offices held by them, was illegal and void, being held at a time other than that prescribed by law for the holding of elections in cities of the second class, and conferred no right to the offices to which they were elected.
Section 5589 of Kirby’s Digest provides: That the electors of cities of the second class “shall on the first Tuesday in April, 1888, and on the same day every two years thereafter elect one mayor,” and the various other city officers, naming…
2Cited by6 opinions
- Lemp v. LempSupreme Court of Missouri · 1913
- Minnesota Electric Distributing Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1927
- State ex rel. Wood v. CothamSupreme Court of Arkansas · 1914
- Opinion No., Arkansas Attorney General Reports1990
- Opinion No., Arkansas Attorney General Reports2007
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