Legal Opinion

Kays v. Boyd

Supreme Court of Arkansas

Decided October 11, 1920PublishedCited by 16 opinions

Appeal from Craiglread Circuit Court, Joneboro District; R. II. Dudley, Judge; 1. Tbe court should have sustained appellants’s demurrer. 106 Ark. 174. The circuit court was without jurisdiction, as the proceeding was against the State. 102 Ark. 470; Act 100, Acts 1909; 102 Ark. 482; 98 Id. 525; 48 Id. 426, 443; 1 Id. 570; 3 Id. 430; 34 U. S. (Law.

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Appeal from Craiglread Circuit Court, Joneboro District; R. II. Dudley, Judge; 1. Tbe court should have sustained appellants’s demurrer. 106 Ark. 174. The circuit court was without jurisdiction, as the proceeding was against the State. 102 Ark. 470; Act 100, Acts 1909; 102 Ark. 482; 98 Id. 525; 48 Id. 426, 443; 1 Id. 570; 3 Id. 430; 34 U. S. (Law. Ed.), 815; 44 Id. 775. 2. The court erred because its judgment is contrary to law and the evidence. 1. The evidence is voluminous, and the finding of facts was for Boyd on the issues. It will not be disturbed. Ill Ark. 449; 112 Id. 243; 109 Id. 158;…

1Opinion of the CourtHart, J.

On the 31st day of January, 1920, appellee filed a petition for mandamus in the circuit court against appellants to compel them to reinstate him in the State Agricultural School of the First District of Arkansas.

The material facts upon which the petition is based are as follows: Appellants were the trastees of the State Agricultural School of the First District of Arkansas, and' suspended Fred Boyd, a student of the school, for conduct unbecoming a gentleman, as it was expressed in the order.of suspension.

Appellee introduced evidence tending to show that the order of suspension was wrong, and…

2Cases cited2 opinions

  1. Mills v. GreenSupreme Court of the United States · 1895
  2. Pearson v. QuinnSupreme Court of Arkansas · 1914

3Cited by16 opinions

  1. Kirk v. North Little Rock Special School DistrictSupreme Court of Arkansas · 1927
  2. Local Union No. 656 v. Missouri Pacific RailroadSupreme Court of Arkansas · 1953
  3. Long v. HendersonSupreme Court of Arkansas · 1970
  4. Christy, Commissioner v. Speer, JudgeSupreme Court of Arkansas · 1946
  5. Saunders v. KleierSupreme Court of Arkansas · 1988

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