Sumpter v. Duffie
Supreme Court of Arkansas
Prohibition to Garland Circuit Court; 1. As the office of county judge is a county office, the circuit court neither has, nor can it be invested with, original jurisdiction to hear a contest concerning the title thereto, where the basis of the contestant’s claim is alleged fraudulent and illegal voting and false certifying by election officers.
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Prohibition to Garland Circuit Court; 1. As the office of county judge is a county office, the circuit court neither has, nor can it be invested with, original jurisdiction to hear a contest concerning the title thereto, where the basis of the contestant’s claim is alleged fraudulent and illegal voting and false certifying by election officers. Sec. 24, art. 9, and sec. 52, art. 7, Const.; 51 Ark. 559; 32 Ark. 553; 69 Ark. 610. 2. The circuit court can not exercise original jurisdiction in such cases because the Legislature has failed to indicate a subordinate tribunal before which such an…
1Opinion of the CourtMcCulloch, J.
The petitioner, O. H. Sumpter, is contestee in an election contest instituted against him in the circuit court of Garland County by a rival candidate for the office of county and probate judge of that county at the general election held-in September, 1906, and he presents to this court his petition for the writ of prohibition to prevent Hon. A. M. Duffie, the presiding judge of said circuit court, from assuming jurisdiction of the contest.
The statute provides that if the election of any county and probate, judge shall be contested it shall be before the circuit court of the county. Act…
2Cases cited12 opinions
- Williamson v. LaneTexas Supreme Court · 1879
- State v. MartinSupreme Court of Arkansas · 1895
- Patton v. CoatesSupreme Court of Arkansas · 1883
- Whittaker v. WatsonSupreme Court of Arkansas · 1901
- Payne v. RittmanSupreme Court of Arkansas · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- Griffin v. RhotonSupreme Court of Arkansas · 1907
- Mears v. HallSupreme Court of Arkansas · 1978
- Curry v. DawsonSupreme Court of Arkansas · 1964
- Patterson v. AdcockSupreme Court of Arkansas · 1923
7 more not listed; retrieve them via the Exa API.