Legal Opinion

Walls v. Brundidge

Supreme Court of Arkansas

Decided July 11, 1913PublishedCited by 58 opinions

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. There being a vacancy in the office of Governor of the State of Arkansas, and a special election having been called to fill same by Acting Governor J. M. Futrell, as required by the Constitution, fixing the date thereof as July 23, 1913, the Democratic party, through its central committee, called a primary election for making the nomination of a candidate for the office, fixing the…

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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. There being a vacancy in the office of Governor of the State of Arkansas, and a special election having been called to fill same by Acting Governor J. M. Futrell, as required by the Constitution, fixing the date thereof as July 23, 1913, the Democratic party, through its central committee, called a primary election for making the nomination of a candidate for the office, fixing the date of such election June 21, 1913. It also fixed June 30 thereafter as the date upon which the central committee should…

1Opinion of the Court

Kjrby, J.,

(after stating the facts). It is insisted that the chancery court was without jurisdiction to issue an injunction against the Secretary of State to prevent him from certifying the name of the candidate as the nominee of the party, that had been furnished him for that purpose by the executive committee of the Democratic part}' in accordance with the requirements of law; its action in so doing being in effect a trial of the election contest and an attempted review of the State Democratic Central Committee, a tribunal provided by law for the tidal of such contests and the certification…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. Giles v. HarrisSupreme Court of the United States · 1903
  3. Fletcher v. TuttleIllinois Supreme Court · 1894
  4. Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
  5. Green v. MillsCourt of Appeals for the Fourth Circuit · 1895

23 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Gilmore v. WaplesTexas Supreme Court · 1916
  2. Sterling v. FergusonTexas Supreme Court · 1932
  3. Priest v. PolkSupreme Court of Arkansas · 1995
  4. Franklin v. HarperSupreme Court of Georgia · 1949
  5. Catlett v. Republican Party of ArkansasSupreme Court of Arkansas · 1967

53 more not listed; retrieve them via the Exa API.

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