Oliver v. Southern Trust Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendriclcs, Judge; The act did not receive the necessary affirmative vote required hy article 5, section 27, Constitution, and is a nullity. 1 Sutherland on Stat. Const. 579; 6 R. C. L. 121; 117 Ark. 352. The claims sought to be paid are not provided for by any pre-existing law and the whole act is void. 10 Wash. 388. The whole act must be constitutional or it is void.
Read the full summary
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendriclcs, Judge; The act did not receive the necessary affirmative vote required hy article 5, section 27, Constitution, and is a nullity. 1 Sutherland on Stat. Const. 579; 6 R. C. L. 121; 117 Ark. 352. The claims sought to be paid are not provided for by any pre-existing law and the whole act is void. 10 Wash. 388. The whole act must be constitutional or it is void. There was pre-existing legislation and the unconstitutionality of section 6 does not render the whole act void. The act was properly passed and received the necessary…
1Opinion of the CourtSmith, J.
Appellees filed their petition for man-
damus, which contained the following recitals: The Governor of the State on or about the-day of-1914, appointed a commission to select a site at the Panama-Pacific International Exposition upon which to erect a building within which the exhibits of this State might be housed, and to take such steps as might be necessary for the collection and maintenance of such exhibits as would be shown at the exposition. Because of the early approach of the opening day of the exposition, to-wit, February 20,1915, it was deemed inadvisable by the commission to await…
2Cases cited7 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Cotham v. CoffmanSupreme Court of Arkansas · 1914
- Wells, Fargo & Company's Express v. Crawford CountySupreme Court of Arkansas · 1897
- State v. MarshSupreme Court of Arkansas · 1881
- State v. DeschampSupreme Court of Arkansas · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Plugge Ex Rel. Arkansas for Representative Democracy v. McCuenSupreme Court of Arkansas · 1992
- Stanley v. GatesSupreme Court of Arkansas · 1929
- Levy v. AlbrightSupreme Court of Arkansas · 1942
- Nixon v. AllenSupreme Court of Arkansas · 1921
- Faubus v. KinneySupreme Court of Arkansas · 1965
28 more not listed; retrieve them via the Exa API.