Legal Opinion

Hudspeth v. Wallis

Supreme Court of Arkansas

Decided January 17, 1891PublishedCited by 2 opinions

APPEAL from Hot Spring Circuit Court. J. B. Wood, Judge. Anthony Wallis and others petitioned the county court for the formation of a new school district, to be composed of territory taken from four existing districts. Hudspeth and others, electors residing in one of the districts to be affected, intervened to resist the application.

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APPEAL from Hot Spring Circuit Court. J. B. Wood, Judge. Anthony Wallis and others petitioned the county court for the formation of a new school district, to be composed of territory taken from four existing districts. Hudspeth and others, electors residing in one of the districts to be affected, intervened to resist the application. The court dismissed the petition upon the ground that a majority of the electors in one of the four districts had not signed the petition in favor of the new district. Upon appeal the circuit court found that, while a majority of the electors in one of the…

1Opinion of the CourtCockrill, C. J.

school disfonned!’~How The question presented by this appeal is as follows: In the formation of a new school district from parts of territory of several previously organized districts is the county court authorized to act upon the petition of a majority of the electors of the several districts, whose territory is to be dismembered, acting in conjunction; or does it require the consent by petition of a majority of the electors of each of said districts ?

It is conceded that the question must be answered by construing the following section of the statute, viz.: “ The county court shall have the…

2Cited by2 opinions

  1. Stephens v. School District No. 85Supreme Court of Arkansas · 1912
  2. School District No. 45 v. School District No. 8Supreme Court of Arkansas · 1915

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