Legal Opinion · Dissent

Cain v. Carllee

Supreme Court of Arkansas

Decided February 23, 1925Published

1DissentHart, J.

(dissenting.) It may be stated at the outset that the findings of fact by a circuit judge in the trial of the contested election are as conclusive as the verdict of a jury upon conflicting* evidence. Williams v. Buchanan, 86 Ark. 259.

In this case there was a general finding of facts that E. M. CarlLee received a majority of the votes cast at the primary election for county judge which was contested by W. R. Gain. In trying this issue no declaration of law was made or refused, and the court is therefore presumed to have acted upon correct views of legal principles applicable to the facts. In…

2Cases cited12 opinions

  1. Williams v. BuchananSupreme Court of Arkansas · 1908
  2. Whittaker v. WatsonSupreme Court of Arkansas · 1901
  3. Dunnington v. Frick Co.Supreme Court of Arkansas · 1895
  4. Cravens v. StateSupreme Court of Arkansas · 1910
  5. Rhodes v. DriverSupreme Court of Arkansas · 1901

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