upholding limited time of appeal from county court to circuit court under prior law
How later courts described this case
- upholding limited time of appeal from county court to circuit court under prior law
- elections are special proceedings to which the Arkansas Rules of Civil Procedure do not apply
Written by the judges who cited it.
The opinion
Darrell Hickman, Justice, concurring. I concur in the result and note that it may be the Arkansas Election Code was intended to cover local option elections; specifically, to change the ten day time in which to challenge an election to 20 days. However, the question is academic. We decided in Wurst v. Lowery, 286 Ark. 474 , 695 S.W.2d 378 (1985), the ten day provision was still alive. That decision was notice to all, like all precedents are. For parties and lawyers to have ignored Wurst and presumed it wrong was not wise; to overrule Wurst now would penalize those who have a right to rely on it.
I go with precedent.