Shimek v. Janesko

Decision Date11 December 1933
Docket Number4-3315
Citation66 S.W.2d 626,188 Ark. 418
PartiesSHIMEK v. JANESKO
CourtArkansas Supreme Court

Appeal from Prairie Circuit Court, Northern District; W. J Waggoner, Judge; reversed.

Judgment reversed, and cause dismissed.

J. F. Holtzendorff and John D. Thweatt, for appellant.

Emmet Vaughan, A. G. Meehan and John W. Moncrief, for appellee.

OPINION

MEHAFFY, J.

An election was held on May 20, 1933, for the purpose of electing three school directors for School District No. 55 Prairie County, Arkansas, a rural school district, which was required to elect three school directors. The returns of said election were filed with the county clerk of Prairie County on May 23, 1933, which returns included the oath of office of judges and clerks, poll book, ballots and certificate of election.

On June 20, the county court met and canvassed the returns, and, by its order declared and certified that Steve Shimek, Harry Seidenschwarz and Paul Lorinc received the highest number of votes, respectively, for the offices of directors for the three, two and one-year terms, and declaring Steve Shimek elected for the three-year term, Harry Seidenschwarz for the two-year term, and Paul Lorinc for the one-year term.

The appellees, J. F. Janesko and Joe Bednar, each received votes for the office of director, and were present at the canvass of the returns, and appealed from the order of the county court to the circuit court.

When the cause was called in the circuit court, a motion was filed to dismiss the cause. The ground stated in the motion to dismiss was that the county court had no jurisdiction to declare the results of the election. The circuit court rendered its judgment, sustaining appellees' motion, and ordered the cause dismissed for want of jurisdiction in the county court. From this order, an appeal is prosecuted.

Appellant first contends that the county court had jurisdiction to canvass the vote and certify the results.

Act 169 of the Acts of 1931, in § 30, provides that the returns of annual school elections shall be made to the county superintendent of schools immediately after the election, and that the county superintendent shall call a meeting of the county board of education within 15 days after the election and that said board of education shall canvass the returns and make proper record of the vote, and certify the results to the county clerk for permanent record in his office. The same section also provides that any contest of any results in any election in any school district shall be brought within 15 days after such election, if the results thereof shall have been certified to the county clerk five days previously, or within 5 days...

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5 cases
  • Adams v. Dixie School Dist. No. 7
    • United States
    • Arkansas Supreme Court
    • September 5, 1978
    ...166. Thus, jurisdiction of all school election contests was transferred to the county courts of the respective counties. Shimek v. Janesko, 188 Ark. 418, 66 S.W.2d 626. By Act 327 of 1941, the newly created county board of education was given all powers and jurisdiction with reference to th......
  • Faver v. Cleveland Circuit Court, 4-9161
    • United States
    • Arkansas Supreme Court
    • March 6, 1950
    ...day limitation contained in Sec. 30 applicable in school election contests. Koser v. Oliver, 186 Ark. 567, 54 S.W.2d 411; Shimek v. Janesko, 188 Ark. 418, 66 S.W.2d 626. This court has also recently held that the county board of education is the proper forum for contesting school elections ......
  • Byrd v. Short
    • United States
    • Arkansas Supreme Court
    • December 9, 1957
    ...result of the election is prima facie correct and becomes conclusive in the absence of an appeal or an election contest. Shimek v. Janesko, 188 Ark. 418, 66 S.W.2d 626. Without pausing to determine whether Short could have met the present objection by filing a suit to contest his own succes......
  • McLeod v. Richardson, 4-6870.
    • United States
    • Arkansas Supreme Court
    • June 22, 1942
    ...same as were formerly conferred upon the County Courts of the State". In construing Act 247 of 1933, it was said in Shimek v. Janesko, 188 Ark. 418, 66 S.W.2d 626, 627, that the county court, in canvassing votes and declaring results of a school election, did not act judicially. Its duties ......
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