Legal Opinion

Ex parte Miller

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 10 opinions

APPEAL from Desha Circuit Court. J. A. Williams, Judge. The court erred in excluding evidence that the parties'who signed the petitioners’ names by mark had authority so to do. Sec. 4524 Mansf. Dig.; 38 Ark., 278; Mans. Dig., sec. 6344. The petitioners in presenting their petition to the court adopted the signatures.

1Opinion of the CourtSmith, J.

A petition for the prohibition of the sale of intoxicating liquors within three miles of a certain church in Desha county was presented to the County Court. Some of the signatures thereto were by mark, not attested by any witness. On the hearing in the Circuit Court, the petitioners tendered evidence to prove that these signatures were genuine and that the persons who wrote the names of the signers by mark were thereunto properly authorized. But the court refused to permit such testimony.' The petitioners also offered to show that if the signatures by mark were counted, the petition contained…

2Cited by10 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
  2. Ward v. StarkSupreme Court of Arkansas · 1909
  3. Dawkins v. PetteysSupreme Court of Arkansas · 1915
  4. Finlay v. PrescottWisconsin Supreme Court · 1899
  5. Fakes v. WilderSupreme Court of Arkansas · 1902

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