Hogins v. Bullock
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. On the 4th day of February, 1909, the mayor of Russellville, a city of the second class, resigned. A special election was ordered for February 16, 1909, to fill the vacancy. Appellee was elected at the election held on that day, and February 23, 1909, was commissioned by the Governor.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. On the 4th day of February, 1909, the mayor of Russellville, a city of the second class, resigned. A special election was ordered for February 16, 1909, to fill the vacancy. Appellee was elected at the election held on that day, and February 23, 1909, was commissioned by the Governor. In the meantime on the 8th of February, 1909, appellant was appointed mayor by the Governor for the unexpired term prescribed by law, had received his commission, and had duly entered upon the discharge of the duties of mayor. Appellee,…
1Opinion of the Court
Wood, J.,
(after stating facts). 1. The only question is who was entitled to the office of mayor of the city of Russellville, when appellee instituted this suit? The Constitution makes nn provision for filling the office of mayor.
The framers of the Constitution left the entire matter of the organization of cities to the Legislature, Art. 12, sec. 3. By section 5433 of Kirby’s Digest it is provided that: “Special elections of the members-of the city council of all cities shall be held at such time and place as the mayor by proclamation shall direct, so that at least ten days’ notice thereof…
2Cases cited5 opinions
- Wheat v. SmithSupreme Court of Arkansas · 1887
- Jones v. StateIndiana Supreme Court · 1899
- Govan v. JacksonSupreme Court of Arkansas · 1877
- Payne v. RittmanSupreme Court of Arkansas · 1899
- Rhodes v. DriverSupreme Court of Arkansas · 1901
3Cited by22 opinions
- Chaney v. BryantSupreme Court of Arkansas · 1976
- Kerby v. GriffinArizona Supreme Court · 1936
- Wallace v. Kansas City Southern Railway CompanySupreme Court of Arkansas · 1925
- Whitaker v. MitchellSupreme Court of Arkansas · 1929
- Allen v. RankinSupreme Court of Arkansas · 1980
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