Logan v. Russell
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The supporting affidavits were filed within the time and duly verified before the case was called for trial. The complaint stated a good cause of action, and if the facts stated are true there can be no question of contestant’s right to the nomination. It was error to .sustain the demurrer.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The supporting affidavits were filed within the time and duly verified before the case was called for trial. The complaint stated a good cause of action, and if the facts stated are true there can be no question of contestant’s right to the nomination. It was error to .sustain the demurrer. Acts 1917, Yol. 2, p. 2296; Kirby’s Digest, § f 6120, 5976, 6145; 42 Ark. 59; 94 Id. 345. A strict compliance with the statute was not necessary. 2. The statute should be liberally construed to effect the remedy. Mere defects or omissions should be…
1DissentSmith, J.
The history of the enactment of the primary election law is so recent and is so well known that the courts can not be oblivious to that history. .A convention of the dominant party declared that a necessity existed for such legislation and appointed a commission to prepare a bill for an act to remedy the evil which had moved the convention to action. The convention itself named a commission of lawyers to prepare the bill, and the commission thus constituted was composed of a number of leading lawyers of the State. The bill was prepared and submitted to the ensuing session of the General…
2Cases cited3 opinions
- Nelms v. VaughanSupreme Court of Virginia · 1888
- Nash v. CraigSupreme Court of Missouri · 1896
- Phillips v. RatliffCourt of Appeals of Kentucky · 1909