Curtis v. Haynes Special School District H.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The judgment of the county court was without authority and therefore voidable; it was, at least, an abuse of discretion, apd should have been corrected on appeal. Kirby’s Digest, § § 7548, 7544; Act April 8,1887. The trial in the circuit court was de novo.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The judgment of the county court was without authority and therefore voidable; it was, at least, an abuse of discretion, apd should have been corrected on appeal. Kirby’s Digest, § § 7548, 7544; Act April 8,1887. The trial in the circuit court was de novo. It was incumbent on petitioners to show a majority of the electors signed the petition and that every step in the statutory procedure was complied with. 104 Ark. 145; 50 Ark. Law Rep. 472; 119 Ark. 592. 2. The petitions are not sufficient to warrant the dissolution order. 104 Ark. 145.…
1Opinion of the Court
Wood, J.,
(after stating the facts). This proceeding was begun in the county court under the authority of the act of April 1, 1895, Act 66, page 82, which provides: “Section 1. The county courts of this State shall have power to dissolve any school district now established, or which may hereafter be established in its county, and attach the territory thereof in whole or in part to an adjoining district or districts, whenever a majority of the electors residing in such district shall petition the court so to do. ’ ’ Section 2 provides for notice to be given. Section 3 provides: “ Whenever,…
2Cases cited2 opinions
- Special School District No. 2 v. Special School DistrictSupreme Court of Arkansas · 1914
- Hughes v. RobuckSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Rural Special School District No. 11 v. BakerSupreme Court of Arkansas · 1920
- School Districts Nos. 14 & 58 v. HendersonSupreme Court of Arkansas · 1920
- Opinion No., Arkansas Attorney General Reports1990
- Opinion No., Arkansas Attorney General Reports1990