Jobe v. Urquhart
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John U. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was brought against the officials of the State who by law constitute the Board of Commissioners for the management of the Arkansas Penitentiary, to reform a contract of sale of certain lands to said board for the State for a convict farm.
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Appeal from Pulaski Chancery Court; John U. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was brought against the officials of the State who by law constitute the Board of Commissioners for the management of the Arkansas Penitentiary, to reform a contract of sale of certain lands to said board for the State for a convict farm. It was alleged that plaintiff sold to said Board two plantations in Lincoln County known as the Cummins place and the Maple Grove place, and that in writing up the contract of sale describing the lands particularly certain tracts were included by mistake that…
1Opinion of the Court
Kirby, J.,
(after stating the facts). We are confronted in this case with the proposition that the chancery court was without jurisdiction to hear or determine it because of the inhibition of the Constitution (art. 5, § 19) : “The State of Arkansas shall never be made defendant in any of her courts.”
It is true this objection was not formally raised by the Board below, but the pleadings and the testimony show conclusively that it is in effect and in fact a suit against the State. The Penitentiary Board is but an agency of the State, composed of certain officials thereof for the conduct and…
2Cases cited1 opinion
- Pitcock v. StateSupreme Court of Arkansas · 1909
3Cited by11 opinions
- Arkansas State Highway Commission v. Nelson Bros.Supreme Court of Arkansas · 1935
- Muse v. Prescott School Dist.Supreme Court of Arkansas · 1961
- Watson v. DodgeSupreme Court of Arkansas · 1933
- Jobe v. UrquhartSupreme Court of Arkansas · 1912
- Arkansas State Highway Commission v. DodgeSupreme Court of Arkansas · 1930
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