Legal Opinion

King v. McDowell

Supreme Court of Arkansas

Decided March 24, 1913PublishedCited by 8 opinions

Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The attempted consolidation was ineffectual for two reasons: 1. Act 289 of Acts of 1909, is void for uncertainty. 2. It was repealed by Act No. 116 of Acts of 1911 by implication. It is a general act, comprehensive in its scope, and covers the whole subject. 105 Ark. 77; 80 Ark. 411; 97 IT. S. 546; 88 Ark. 324. ■ The former act was not repealed by the latter.

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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The attempted consolidation was ineffectual for two reasons: 1. Act 289 of Acts of 1909, is void for uncertainty. 2. It was repealed by Act No. 116 of Acts of 1911 by implication. It is a general act, comprehensive in its scope, and covers the whole subject. 105 Ark. 77; 80 Ark. 411; 97 IT. S. 546; 88 Ark. 324. ■ The former act was not repealed by the latter. There is no special repeal and no repugnancy in the two acts. 92 Ark. 270; 28 Id. 325; 41 Id. 151; 50 Id. 127; 53 Id. 504. Repeals by implication are not favored. 101 Ark. 238,…

1Opinion of the CourtHart, J.

Twenty-eight residents of School District No. 11, of Phillips County, filed a petition in the county court of said county, asking that said school district be annexed to Marvell Special School District.

The petitioners represented to the court that the proposed annexation of School District No. 11 with the Marvell Special School District was for the purpose of securing better educational advantages for their children. Twenty-five other residents of School District No. 11 duly filed their remonstrance to the petition. They objected to the annexation because they allege that the annexation would…

2Cases cited4 opinions

  1. Ferrell v. KeelSupreme Court of Arkansas · 1912
  2. Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
  3. Hampton v. HickeySupreme Court of Arkansas · 1908
  4. De Queen v. FentonSupreme Court of Arkansas · 1911

3Cited by8 opinions

  1. Faver v. GoldenSupreme Court of Arkansas · 1950
  2. St. Louis Southwestern Ry. Co. v. RobinsonSupreme Court of Arkansas · 1957
  3. Goggin v. RatchfordSupreme Court of Arkansas · 1950
  4. Jones v. OldhamSupreme Court of Arkansas · 1913
  5. State Ex Rel. Trimble v. KantasSupreme Court of Arkansas · 1935

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