Chism v. Martin
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. The Constitution makes it the duty of the Governoi to commission special judges. Art. 7, secs. 9,48; ib. sec. 10, art. 6. Section 3228, Mansf. Dig., fixes the fee at $15. A special judge of the Supreme Court is a State officer. 72 Am. Dec. 169 and note. There are no exceptions in the act, and the courts can make none.
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Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. The Constitution makes it the duty of the Governoi to commission special judges. Art. 7, secs. 9,48; ib. sec. 10, art. 6. Section 3228, Mansf. Dig., fixes the fee at $15. A special judge of the Supreme Court is a State officer. 72 Am. Dec. 169 and note. There are no exceptions in the act, and the courts can make none. The sole question raised is as to the proper interpretation of the words “State officer” in the act of 1881. To determine the meaning of those words, regard must necessarily be had to the intention of the act and the…
1Opinion of the CourtHughes, J.
Appellee was appointed special judge in a cause in this court, and his commission was prepared, and he declined to pay the fee of $15 required by law, and filed his complaint in the lower court to compel the said B. B. Chism, as Secretary of State, to issue his commission without a fee. The defendant demurred to the complaint in short, which was overruled by the court. The defendant stood on his demurrer. Final judgment was entered ordering him to issue without fee. He excepted and appealed.
The petitioner relied on the ground that special judges were not officers, within the meaning of…
2Cited by5 opinions
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- Boyett v. CowlingSupreme Court of Arkansas · 1906
- Opinion No., Arkansas Attorney General Reports1997
- Opinion No., Arkansas Attorney General Reports1988
- Opinion No., Arkansas Attorney General Reports2009