Mechanics Building & Loan Ass'n v. Coffman
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The act was not passed by the Legislature, because that body failed to comply with the constitutional requirements, Constitution, art. 5, § 21; Id., § 11; 33 Ark. 17; 77 Ark. 565; 22 L. R. A. (N. S.) 1089. The notes of the stenographer of the house can not be used to impeach a bill by showing that action on it was indefinitely postponed. 29 Okla. 233. In order to impeach an enrolled bill, the recitals of…
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The act was not passed by the Legislature, because that body failed to comply with the constitutional requirements, Constitution, art. 5, § 21; Id., § 11; 33 Ark. 17; 77 Ark. 565; 22 L. R. A. (N. S.) 1089. The notes of the stenographer of the house can not be used to impeach a bill by showing that action on it was indefinitely postponed. 29 Okla. 233. In order to impeach an enrolled bill, the recitals of the legislative journals can not be contradicted or altered by memoranda made by legislative officers. 160 Ala. 181; 119…
1Opinion of the CourtHart, J.
This is a proceeding instituted in the chancery court by the Mechanics Building & Loan Association against the Auditor of State to prevent him from requiring plaintiff to give the bond provided by section 18 of Act 214, approved March 24, 1913, as a prerequisite to doing business in the State of Arkansas. The chancellor sustained a demurrer to the complaint and, from the decree dismissing its bill for want of equity, the plaintiff has prosecuted an appeal to this court.
Counsel for plaintiff insist that the act in question was not passed by the Legislature because it did not conform to the…
2Cases cited13 opinions
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Camfield v. United StatesSupreme Court of the United States · 1897
- Bacon v. WalkerSupreme Court of the United States · 1907
- Brady v. MatternSupreme Court of Iowa · 1904
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. GrissomNew Mexico Court of Appeals · 1987
- Carlton v. GrimesSupreme Court of Iowa · 1946
- Harrington v. WhiteSupreme Court of Arkansas · 1917
- State v. CroweSupreme Court of Arkansas · 1917
- Hardin v. Fort Smith Couch & Bedding Co.Supreme Court of Arkansas · 1941
11 more not listed; retrieve them via the Exa API.