Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 9

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 edition. Excerpt: ...CHANCERY, brought by Pulaski County, against Lineoln, King, Moore, Martin, Inglish and Pendleton, determined in the Pulaski circuit court, in June, 1846, before the HOI1--l JCnnnnnnm, then one of the circuit judges. The court refused the relief sought by the bill, and complainant appealed. The facts are stated in the opinion of this court. Wnrmns & GURRAN, for the appellant. Admitting the order of the court, of the lst August, 1843, appointing commissioners, tobe valid, yet the purchase of the land from Lincoln, and the ('1) In the absence of the presiding judge, n majority of the justices of the covflllzi' should be present to hold the court. Frrguson us. Ciittenden County, 1 E."9H3"'l' 479. Ruronrsn. whole proceedings connected with such purchase, are mere nulli-1 ties. The order of the 20th of October, made by _the court, of which Lincoln was presiding judge, if final, was void, it being a palpable violation of the constitution and of law, for a judge to sit in his own cause; if interlocutory, the validity of the acts of the commissioners depended upon the subsequent confirmation by the court. The order made at the special term of the county court, held on the second Monday in November, purporting to confirm the purchase, was void: because, 1st. Lincoln was the presiding judge, and therefore disqualified, and this although he may not have voted on the question, as it was not a constitutional court without his presence, (Ferguson vs. Crittcndcn County, 1 Eng. 480;) 2d. Because, at the special term the court possessed no power by law-to do-any thing except act upon the collector's delinquent list. Digest, chap. 139, sec._'73. S. H. Hrmrsrnm, contra. In a legal sense, Lincoln did not preside more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236908325
  • 9781236908322