Smith v. State, Ex Rel. Duty, Prosecuting Atty

This action was instituted June 21, 1946, in the name of the State, in the Benton Circuit Court, by the prosecuting attorney of that district, against J. Frank Smith and Eli Leflar, challenging the right of each of these parties to serve as judge of the municipal court of the city of Rogers. The action is brought under what is known as the Usurpation Statute, §§ 14325-14332, Pope’s Digest.

The petition, and amendment thereto, alleged that Eogers is a city of the first class and by ordinance May 5, 1946, established a municipal court in said city under the authority of 9897-9912, inclusive, of…