Glidewell v. Martin
Supreme Court of Arkansas
PETITION for Writ of Prohibition. 1. The act of January 23, 1875, was never constitutionally passed. The journal affirmatively shows the second reading by title only. When the journal speaks presumptions cannot be indulged. 31 Ark., 718; 32 Id., 518; 33 Id., 25;. Lawson Pres. Ev., p. 569, et seq. 2. Said act, in so far as it confers jurisdiction upon the county court to try contested election cases, is unconstitutional.
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PETITION for Writ of Prohibition. 1. The act of January 23, 1875, was never constitutionally passed. The journal affirmatively shows the second reading by title only. When the journal speaks presumptions cannot be indulged. 31 Ark., 718; 32 Id., 518; 33 Id., 25;. Lawson Pres. Ev., p. 569, et seq. 2. Said act, in so far as it confers jurisdiction upon the county court to try contested election cases, is unconstitutional. Art. 7, secs. 1, 11, 28, 32, 33, as construed in 34 Ark., 193, 198. Sec. 52 was simply directed to the purpose of guaranteeing the right of appeal in contested election cases.…
1Opinion of the CourtSandels, J.
Petitioner H. E. Glidewell, alleges that the circuit court of Pulaski county is proceeding in a matter beyond its jurisdiction; that it is about to try and determine upon an appeal from the county court of Pulaski county, an election contest for the office of county treasurer of Pulaski county, brought against petitioner by one T. H. Jones, under the pretended authority of the pretended act of the legislature of Arkansas, entitled: “An act providing a general election law,’’ approved January 23, 1875.
The circuit judge responds and demurs to the petition. From the petition (the statements of…
2Cases cited2 opinions
- Blessing v. City of GalvestonTexas Supreme Court · 1874
- McCulloch v. StateIndiana Supreme Court · 1859
3Cited by13 opinions
- Waterman v. HawkinsSupreme Court of Arkansas · 1905
- Helena Water Co. v. HelenaSupreme Court of Arkansas · 1919
- Rice v. Lonoke-Cabot Road Improvement District No. 11Supreme Court of Arkansas · 1920
- Sumpter v. DuffieSupreme Court of Arkansas · 1906
- Pelt v. PayneSupreme Court of Arkansas · 1895
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