Hill v. Williams
| Decision Date | 29 September 1924 |
| Docket Number | 146 |
| Citation | 264 S.W. 964,165 Ark. 421 |
| Parties | HILL v. WILLIAMS |
| Court | Arkansas Supreme Court |
Appeal from Conway Circuit Court; J. T. Bullock, Judge; affirmed.
Judgment affirmed.
Edward Gordon, for appellant.
The court erred in sustaining the demurrer to the complaint. To determine whether there is a cause of action stated, the face of the complaint must alone be looked to. 123 Ark. 505. A complaint must be tested on demurrer by its own allegations. 87 Ark. 418. In determining whether or not a demurrer to a complaint should be sustained, every allegation made therein together with every inference deducible therefrom, must be considered. 122 Ark. 502. Where a demurrer to a declaration is filed in which no special cause of demurrer is assigned this court will consider it only as a general demurrer. 2 Ark. 128; 160 Ark. 273.
J W. Johnston, Calvin Sellers and W. P. Strait, for appellee.
The court did not err in sustaining the demurrer. Section 1096, 1097, C. & M. Digest; 33 Ark. 497. A necessary party to an action is one without whose presence a substantial judgment cannot be made. 58 N.Y.S. 748; Hun. 606; 17 P. 751; 9 Am. St. Rep. 245; 47 P. 1; 75 Mass. 313; 75 N.E. 313; 988 P. 16. All parties having an interest adverse to the contestant should be brought in as contestees. 20 Corpus Juris 223; 77 So. 996; 42 N.W. 401; 111 N.E. 980; 90 N.E. 203.
This suit was filed in the circuit court of Conway County by appellant against appellee, under authority of § 3772 of Crawford & Moses' Digest, for the purpose of contesting the election of appellee as sheriff and collector of said county and the certificate of nomination issued to him by the Democratic Central Committee in the primary election of August 12, 1924. The complaint is quite lengthy, and it could serve no useful purpose to set it out in full. Suffice it to say that it contained many allegations of irregularities and fraud in general terms, partaking of the nature of conclusions. It specifically challenged the legality of certain votes, and charged that, if all illegal votes were thrown out, appellant was, and should be declared, the nominee of the Democratic party for sheriff and collector of said county. It alleged that there were four candidates for the office of sheriff and collector, including appellant and appellee, but failed to set out the number of votes received by each.
A demurrer was interposed to the complaint, which, upon hearing, was sustained by the court, and, upon failure to plead further, the complaint was dismissed, from which judgment of dismissal an appeal has been duly prosecuted to this court.
Appellant contends that the trial court erred in ruling that no recoverable cause of action was alleged in the complaint and in sustaining the demurrer thereto. We cannot agree with appellant in this contention. It was incumbent upon appellant to allege facts, and not conclusions,...
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Files v. Hill, 79-254
...that the result of the election was actually different from that shown by the returns does not state a cause of action. Hill v. Williams, 165 Ark. 421, 264 S.W. 964; Robinson v. Knowlton, 183 Ark. 1127, 40 S.W.2d When the complaint of Files is stripped of generalities and conclusions, the r......
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McClendon v. McKeown, 5-1848
...Ark. 799, 103 S.W.2d 63; Hailey v. Barker, 193 Ark. 101, 97 S.W.2d 923; Moore v. Childers, 186 Ark. 563, 54 S.W.2d 409; Hill v. Williams, 165 Ark. 421, 264 S.W. 964; Wassell v. Sprick, 208 Ark. 243, 185 S.W.2d 939; Robinson v. Knowlton, 183 Ark. 1127, 40 S.W.2d 450; Crawford v. Harmon, 149 ......
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Culpepper v. Mathews
...Nall and Rowell & Alexander, for appellee. The complaint in this case falls squarely within the rule laid down in the case of Hill v. Williams, 165 Ark. 421, and the demurrer was properly sustained. A. V. Hope, third candidate for sheriff, was not made a party. Demurrer is proper where ther......
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Soules v. Wolf
...13 Wyo. 408, 80 P. 664;Moore v. Childers, 186 Ark. 563, 54 S.W.(2d) 409;Humphries v. McAuley (Ind. Sup.) 187 N. E. 262;Hill v. Williams, 165 Ark. 421, 264 S. W. 964;Gower v. Johnson, 173 Ark. 120, 292 S. W. 382. It is evident from the procedure laid down that an election contest under secti......