Wise v. Martin
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. C. B. Newman, Special Judge. Cited act ofJanuary 23, 1875, providing for general elections. Secs. 67-68, et seq. This case' governed by the same rule as to change of venue, as common law cases. Discretion of judge in matters of continuance not controlled, unless abused. 8 Ark., 119. Case not triable by a jury and no change of venue proper. Act of January 23, 1875, p. 114 of Pamph., sec. 68; Gantt’s Digest, 4692; 32 Ark., 553.
1Opinion of the CourtEnglish, C. J.
At the general election of 1878, Zenus L. Wise and Thomas B. Martin were candidates for the office of prosecuting attorney of the eleventh judicial circuit. Martin was returned elected, commissioned, by the governor, and Wise claiming to have received a majority of the votes, brought suit to contest the election, and for the office, in the circuit court of Jefferson county against Martin, under provisions of the act of January 23, 1875. Acts of 1875, p. 93.
After issues of fact were made up by answer to the complaint, and reply. Wise filed an affidavit for a continuance on account of absent…
2Cited by7 opinions
- Jones v. ReedSupreme Court of Arkansas · 1979
- Civil Service Commission of Van Buren v. MatlockSupreme Court of Arkansas · 1943
- Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1912
- Jones v. BalsleySupreme Court of Oklahoma · 1910
- Wright v. Midland Valley RailroadSupreme Court of Arkansas · 1914
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