Humphry v. Sadler
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. Mandamus lies to compel the performance of a ministerial duty, &c. 1 Ark., 121. Logan county was not named in the act of Nov. 30, 1875, and the amendatory act applied to counties therein named. Act Mar. 21, 1881. The act is unconstitutional; it is not in harmony with the spirit or letter of the constitutional provision governing amendments. Art. §, sec. 23, Const. 1874; Cooley, Const.
Read the full summary
APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. Mandamus lies to compel the performance of a ministerial duty, &c. 1 Ark., 121. Logan county was not named in the act of Nov. 30, 1875, and the amendatory act applied to counties therein named. Act Mar. 21, 1881. The act is unconstitutional; it is not in harmony with the spirit or letter of the constitutional provision governing amendments. Art. §, sec. 23, Const. 1874; Cooley, Const. Lim., 4fh -Ed. p. 107; lb. 158. Constitutional requirements are mandatory. Ib. 182-3 and notes. The office of County Judge is a Constitutional…
1Opinion of the CourtSmith, J.
At the general election in 1880, Humphry was elected Judge of the County Court of Logan county. The Constitution provided that he should hold his office for two years and receive such compensation for his services as might be provided by law. Const. 1874, Art. VII, sec’s. 29, 37.
The act of March 13,1879, fixed the salary of the County Judge of this county at $600 per annum. The act of March 12th, 1881, reduced it to $500, the same to take effect on the first of April then next ensuing. After the act went into force, the Clerk of the County Court refused to issue county warrants to the Judge…
2Cases cited3 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Conner v. MayorThe Superior Court of New York City · 1849
3Cited by10 opinions
- Nixon v. AllenSupreme Court of Arkansas · 1921
- State ex rel. Moose v. WoodruffSupreme Court of Arkansas · 1915
- Hickenbottom v. McCain, Comm'r of LaborSupreme Court of Arkansas · 1944
- Greer v. Merchants & Mechanics BankSupreme Court of Arkansas · 1914
- Powell v. DurdenSupreme Court of Arkansas · 1895
5 more not listed; retrieve them via the Exa API.