[Download] "Mcarthur v. Smallwood" by Supreme Court of Arkansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcarthur v. Smallwood
- Author : Supreme Court of Arkansas
- Release Date : January 27, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The appellant and plaintiff below, Wood MCARTHUR (hereinafter referred to as appellant,) proceeding as a taxpayer, filed this
case in the Chancery Court of Pulaski County, Arkansas against the appellees and defendants below, J. M. Smallwood, C. G.
Hall, J. V. Satterfield, Jr., Harry W. Parkin and J. L. Shaver (hereinafter referred to as appellees), as members of the Arkansas
Justice Building Commission, seeking to have Act 37, [225 Ark Page 330] of 1955 declared unconstitutional and void and
in violation of certain constitutional rights of the plaintiff and other taxpayers similarly situated, and seeking to enjoin
the appellees from complying with, or in any manner carrying out, the provisions of the Act. The appellees waived service
of summons, entered their appearance, and filed a demurrer to the complaint which was sustained by the Pulaski Chancery Court,
and after appellant declined to plead further, that Court entered a decree dismissing the complaint. The appellant duly perfected an appeal to this Court. Thereafter the regular Court disqualified itself and a Special Court
(composed of the writer, J. G. Burke, Harry P. Daily, Surrey E. Gilliam, Harry L. Ponder, John Mac Smith and Edward L. Wright)
was appointed to decide the case. Is the public interest, this Special Court entered an order granting permission to any interested
party in the State to file a brief with the Court covering any issue the party desired to raise concerning Act 375 of 1955.
These briefs were to be filed by July 11, but none have been forthcoming, and the Court has proceeded to determine the appeal
upon the record and briefs filed in Case No. 5-764 and upon its own investigation of the law.
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