Case law

Landers v. Stone

496 S.W.3d 370 · Supreme Court of Arkansas · Jun 23, 2016

In Dennis and Proctor, the statutes prohibited persons who were qualified under the constitution from being elected to, and serving in, judicial office. … Likewise, in Allred, the law barred a constitutionally qualified incumbent from running for office, and in Green, the statute banned a qualified person from serving as 8

Marchbanks v. Banks

44 Ark. 48 · Supreme Court of Arkansas · Nov 15, 1884

Stayton as his executor, who qualified. These grand children were descendants of his first wife, formerly Mrs. Yarborough. … Some were conceded, or clearly shown to have been innocent purchasers. Others effected compromises, which were confirmed by decree of court. As to the rest it was held that Mrs.

Pelts v. Pelts

514 S.W.3d 455 · Supreme Court of Arkansas · Mar 16, 2017

More broadly, Gregory argues, the programs are separate statutory schemes established in different serial statutes under Title 10. … A finding is clearly erroneous when the reviewing court, on the entire evidence, is left with a definite and firm conviction that a mistake has been made. Id.

Parkin Prtg. & Stat. Co. v. Ark. Prtg. & Litho. Co.

234 Ark. 697 · Supreme Court of Arkansas · Feb 26, 1962

By so proceeding, we clearly would not be abrogating our duty, we would be discharging ib. … The Mack-Blackwell Amendment No. 42 itself clearly contemplates legislative implementation.

Simmons v. State

278 Ark. 305 · Supreme Court of Arkansas · Feb 7, 1983

Their client, whether innocent or guilty, surely was aware of any fact that might establish his innocence. … Point 5 must be rejected, for we have often held that a death-qualified jury is constitutional.

Crocker's Heirs v. Crocker's Heirs

156 Ark. 309 · Supreme Court of Arkansas · Dec 18, 1922

Error is assigned in admitting the testimony of the three physicians who expressed the opinion that Crocker was sane, for the reason that they were not shown to be properly qualified, and because the hypothetical question … to establish if credited by the jury.

Oates v. Rogers

201 Ark. 335 · Supreme Court of Arkansas · Nov 11, 1940

The constitution provides that the qualified electors of each county shall elect one sheriff, “who shall be ex-officio collector of taxes, unless otherwise provided by law. ’ ’ 2 Clearly it was the intention of the general … Justice BeaNdeis, it was said: “The great ordinances of the constitution do not establish and divide fields of black and white.

Dye v. Diamante

510 S.W.3d 759 · Supreme Court of Arkansas · Feb 16, 2017

Citing Kell, supra, appellant asserts that the dues-assessment covenants do not meet the requirements that would allow a court to find that they qualified as a “reasonable restraint on alienation” of the homes and lots in … However, without a single citation to authority it asserts that the covenants in question are not subject to these well-established principles of property law.

Pritchett v. City of Hot Springs

514 S.W.3d 447 · Supreme Court of Arkansas · Mar 16, 2017

In a case decided in the same term as Wesberry, the United States Supreme Court stated that “Wesberry clearly established that the fundamental principle of representative government in this country is one of equal representation … It could hardly be gainsaid that a constitutional claim had been asserted by an allegation that certain otherwise qualified voters had been entirely prohibited from voting for members of their state legislature.

Housing Authority v. Alman

250 Ark. 581 · Supreme Court of Arkansas · May 3, 1971

The chancellor heard four qualified expert witnesses called by appellee and two called by appellant on the value of the lands taken. … Neither can we say that the chancellor’s finding Block’s testimony to carry the greatest weight is clearly against the preponderance of the evidence.

State v. Cox

3 Ark. 436 · Supreme Court of Arkansas · Jan 15, 1848

It being a well established principle that a State legislature can exercise all powers, which are not expressly or impliedly prohibited by the constitution, for the reason that whatever powers are not limited or restricted … The intention to give jurisdiction of the offences specified to justices of the peace, is clearly and explicitly expressed.

Gibson Oil Company v. Bush

175 Ark. 944 · Supreme Court of Arkansas · Jan 9, 1928

In mailing this argument counsel have evidently overlooked the well-established rule of law that the weight of the evidence and the credibility of the witnesses is solely within the province of the jury. … Martin testified, and qualified as an expert in making tests of gasoline and kerosene. He made the tests of the oil brought to him by the appellee and by others for him.

Wainwright v. State

302 Ark. 371 · Supreme Court of Arkansas · May 29, 1990

From these facts, we conclude the appellant failed to establish a prima facie case, but even if he had done so, the state clearly offered a neutral explanation for challenging Mrs. Blakely. … The state’s evidence here was clearly sufficient to allow the jury to consider this aggravating circumstance. Appellant, citing Caldwell v.

Sullins v. State

79 Ark. 127 · Supreme Court of Arkansas · May 28, 1906

that “he is the prosecutor or complainant upon any charge against such person, or that he is a witness on the part of the prosecution, and has been summoned or bound in a recognizance as such; and, if such objection be established … But in this case, as we have before stated, the defendant challenged the objectionable juror, and had a trial before a duly qualified and impartial jury.

Hofstatter v. Bona

205 Ark. 729 · Supreme Court of Arkansas · Apr 26, 1943

Wilt, his mother’s sister, qualified as administratrix of his estate in California on July 12, 1935, and thereafter the rents were collected for and remitted to her as administratrix. Mrs. … AVilt did not testily, but the fact is clearly established that she knew that heirs of Emil Ilofstatter survived. She had lived in Little Bock in a house opposite the lot here in question.

Burke v. Elmore

341 Ark. 129 · Supreme Court of Arkansas · Apr 20, 2000

We further conclude that the second and third categories for establishing a city’s authority under Cosgrove have not been met. … Powers assumed by a city merely for convenience do not qualify as indispensable or implied powers. See Arkansas Utilities Co. v. City of Paragould, 200 Ark. 1051 , 143 S.W.2d 11 (1940).

Purvis v. Hubbell

273 Ark. 330 · Supreme Court of Arkansas · Jul 13, 1981

Amendment 49 to the Constitution provides that “[a]ny city of the first or second class, any incorporated town, and any county, may issue, by and with the consent of the majority of the qualified electors of said municipality … In summary, the bonds, here, are clearly not general obligation bonds of the city. They are revenue bonds, payable, as authorized by the legislature, from special funds not available for general purposes.

West Memphis News, Inc. v. Bond

212 Ark. 514 · Supreme Court of Arkansas · Dec 15, 1947

The text supporting this headline was: “GI’s attacking forces establish beach-head. Denouncing Machine Rule, they fire point-blank at Crittenden’s high command. … Justice Riddick said that “This, if proved, was clearly libelous per se.” In the second Murray-Galbraith case ( 95 Ark. 199 , 128 S.

Flowers v. State

362 Ark. 193 · Supreme Court of Arkansas · May 5, 2005

In this case it is unnecessary to analyze the first issue of whether Appellant established a prima facie case of racial discrimination. … We cannot say the trial court’s findings with regard to Batson were clearly against the preponderance of the evidence.

Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Co.

360 Ark. 32 · Supreme Court of Arkansas · Dec 9, 2004

Moreover, out-of-state retailers can simply establish a physical location within Arkansas from which to sell cigarettes. … Code Ann. § 26-57-202 , which establishes the legislative findings and purposes.