Taylor v. Wallace
Supreme Court of Arkansas
Appeal from Perry Circuit Court: Guy Fullc. Judge: 1. The county court acted within its jurisdiction in removing appellees. While the removal was for cause, they could have been removed at pleasure, and no appeal could be from the county court’s action. 2. No appeal was in fact perfected from the order removing appellees.
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Appeal from Perry Circuit Court: Guy Fullc. Judge: 1. The county court acted within its jurisdiction in removing appellees. While the removal was for cause, they could have been removed at pleasure, and no appeal could be from the county court’s action. 2. No appeal was in fact perfected from the order removing appellees. The method provided for taking an appeal from an order under the Alexander Road Law, section 40, is exclusive and not cumulative or alternative to section 1487, Kirby’s Digest, and the circuit court obtained no jurisdiction to hear the cause and no authority to permit an…
1Opinion of the CourtHumphreys, J.
This suit originated in the county court of Perry County, upon petition to remove, for certain alleged causes, the appellees, as road commissioners of Road Improvement District No. 1, Perry County, Arkansas, who had been appointed by the county court in August, 1917, under authority conferred by Act 338 of the General Assembly of 1915, commonly known as the “Alexander Road Law.”
Appellees filed a demurrer, challenging the jurisdiction of the court to hear the petition and remove the commissioners, as well as an answer, denying all allegations of the' petition.
Upon hearing, appellees were…
2Cases cited2 opinions
- Huddleston v. CoffmanSupreme Court of Arkansas · 1909
- Hall v. CallawaySupreme Court of Arkansas · 1910
3Cited by5 opinions
- Commissioners of Road Improvement District No. 2 v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1922
- Gregg v. Road Improvement District No. 2Supreme Court of Arkansas · 1925
- Carrier v. BeckSupreme Court of Arkansas · 1955
- Payne v. MaloneSupreme Court of Arkansas · 1924
- Wilson v. MattixSupreme Court of Arkansas · 1921