Legal Opinion

Jones v. Caldwell

Supreme Court of Arkansas

Decided July 15, 1878PublishedCited by 9 opinions

Original Proceedings in Quo Warranto. Action in the nature of quo warranto, brought originally in this court by W. C. Jones, as plaintiff, February 9th, 1878,-to try the title to the office of register of deeds of the county of Cherokee — said office being then held and occupied by J. O. Caldwell, defendant. The action was tried at the July Term, 1878, of this court, and on the 26th of November, 1878,'judgment was rendered for defendant.

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Original Proceedings in Quo Warranto. Action in the nature of quo warranto, brought originally in this court by W. C. Jones, as plaintiff, February 9th, 1878,-to try the title to the office of register of deeds of the county of Cherokee — said office being then held and occupied by J. O. Caldwell, defendant. The action was tried at the July Term, 1878, of this court, and on the 26th of November, 1878,'judgment was rendered for defendant. In the subjoined opinion, all necessary facts and proceedings appear.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The parties to this action were respectively candidates at the November, 1877, election, in Cherokee county, for the office of register of deeds. The canvass by the county board gave defendant 1070, plaintiff 1014, and one John Whitcraft, 117 votes. Defendant, having received 56 plurality, was declared elected; received the certificate of election, and entered upon the duties of his office. Plaintiff brought this action in this court, claiming that he was in fact elected and entitled to the office. The contest he makes is on the returns from…

2Cases cited4 opinions

  1. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  2. Hudson v. SolomonSupreme Court of Kansas · 1877
  3. Morris v. VanlaninghamSupreme Court of Kansas · 1873
  4. Russell v. State ex rel. NicholsonSupreme Court of Kansas · 1873

3Cited by9 opinions

  1. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  2. Allen v. StateArizona Supreme Court · 1913
  3. State ex rel. Amick v. FranciscoSupreme Court of Kansas · 1916
  4. Carabajal v. SandovalNew Mexico Supreme Court · 1916
  5. Dunn v. Board of County CommissionersSupreme Court of Kansas · 1948

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