Opinion

Garrett v. Andrews

  • 294 Ark. 160
  • 741 S.W.2d 257
Court
Supreme Court of Arkansas
Filed
Dec 21, 1987
Status
Published
Author
Hays
On the bench
Dudley, Hays, Hickman, Glaze, Purtle
Cited by
18 cases
Authority
More cited than 8.1%

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

Steele Hays, Justice, dissenting. While I agree with the dissenting opinions I feel the need to add my own views to the several being expressed. I read the opinion of Justice Lyle Brown in Henderson v. Anderson, 251 Ark. 724 , 475 S.W.2d 508 (1972) as precedent for this case. In Henderson this court held that the circuit court had jurisdiction to try wet-dry elections. Why? Because under the provisions of Act 456 of 1969 a contest of local option elections was removed from county court and placed in circuit court. There were no dissents to that holding and it binds us now, or should.

Wurst v. Lowry, 286 Ark. 474 , 695 S.W.2d 378 (1985) is not precedent for this case. In Wurst we held that an attempt in April 1984 to intervene in a local option election contest held in November, 1980 was “far too late.” We simply drew an analogy to the time allowed for contesting local option elections, which we mistakenly said was ten days, rather than twenty days. That was plainly dictum, the holding of the case being that a belated intervention years after the election was 1) too late and 2) without merit. That decision in no sense governs the case at hand. I respectfully dissent from the denial of rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.